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Association Bye laws

CPWD ENGINEERS ASSOCIATION

[Recognised as per CCS (RSA) Rules 1993 vide No.6/1/94-EC.III dt. 24.10.96 and extended by UDM vide No. 4/9/2003-EC.III/EW-I dated 27.7.2004]

                                                             MEMORANDUM AND BYE-LAWS

Updated and as amended by UDM vide No. 4/1/2007-EC-III/EW-I dated 17.8.2007.

                                                                            MEMORANDUM

Name:

 1.                  The name of the Association shall be “CENTRAL PWD ENGINEERS ASSOCIATION” hereinafter referred to as Association.

 2.         Location:

 2.01          The Central office of the Association shall be located at New Delhi/Delhi.

 2.02          The Regional/Zonal Offices of the Association shall be located at Regional/Zonal Headquarters.

 2.03          The Branch Offices of the Association shall be located at the stations/places where its 12 or more members are posted.

 2.04          The Unit Offices of the Association shall be located at the stations/places where less than 12 members are posted.

 3.         Aims & Objects:

 3.0              The aims and objects of the Association shall be as under:

 3.01          To promote cooperation and unity among its members.

 3.02          To develop good understanding and team spirit among members in the interest of service.

 3.03          To safeguard and promote the common interest of members.

 3.04          To safeguard rights and privileges of all the members of the Association.

 3.05          To uphold the dignity and honour of the Engineering profession.

 3.06          To work as a homogeneous group for entire cadre as a whole irrespective of caste, tribe or religious denominations.

4.         Method :

4.01          By holding periodical meetings and Conferences/Conventions.

4.02          Through publications of Journal/Journals which shall be official organs of the Association with the prior approval of the government.

4.03          Assist, subscribe to cooperate with, affiliate or be affiliated to any other public body with common interest and for furtherance of the objects of the Association.

4.04          To raise funds from the members of the Association by way of collecting subscriptions/donations or grants if any, made by the Govt. for the furtherance of the Association.

 

CONSTITUTION AND BYE-LAWS

5.         Membership:

5.01          All Engineers promoted from Junior Engineers cadre of the CPWD whether permanent, temporary or officiating who subscribe to the objectives of the Association and who are not the members of other service Association are eligible for the membership of the Association.

5.02          Any Engineer promoted from Junior Engineer cadre will be eligible for membership if he/she applies for and pays a sum of Rs.10/- as an enrollment fee and Rs.10/- as monthly subscription/or Rs.120/- as annual subscription which shall be deducted from the pay rolls of member employee or collected by the authorized representatives of the Association as the case may be.

5.03          If any question arises, whether a person is eligible to be a member, the decision of the Central Executive Committee shall be final.

5.04          Membership of a member automatically seizes on superannuation or quitting the service by the member

6.         Rights of Members:

6.01          A member shall be entitled to receive copies of Engineers Bulletin/Journal of the Association either free of cost or at such rate as may be fixed from time to time.

6.02          All members shall have the right to attend and to take part in general body  meeting, place any proposal in conformity with the objects of the Association.

6.03          All members shall enjoy the privileges that may hereinafter be conferred by the Association including voting rights.

7.         Organisation :

7.01          Apex Committee: The Apex Committee of the Association shall be the policy making body of the Association with its headquarters at Delhi/New Delhi.

8.         Formation of Apex Committee:

8.01          President, Vice President, General Secretary and two Joint Secretaries of the Central Office and all Regional Presidents and Regional Secretaries will be the members of the Apex Committee.

8.02          The President of the Central Committee shall be Chairman and the General Secretary of the Central Committee shall be the Secretary of the Apex Committee. The Central and Regional offices may send only one substitute as a member in place of any member of the Apex Committee to represent in the Apex Committee meeting with the prior approval of the respective Executive Committee.  The Secretary in consultation with the Chairman may however, can invite special invitee(s) in any meeting.   Regions also can select maximum two members as delegates to any meeting. Special invitees or Regional delegates will have no voting rights. The Chairman will have second/casting vote in case of a tie.  The Apex Committee should be convened at least once in a year preferably at Delhi/or at any other place as deemed fit in consultation with Chairman.

8.03          Apex Committee meeting can also be requisitioned at any time, at least by two Regions on specific agenda involving the general interest of the members. Such meeting shall have to be convened at the earliest possible within a month.

9.         Central Committee:

9.01          The Central Committee shall comprise of the following office bearers:

1. President                  -           1 post

2. Vice President          -           1 post

3. General Secretary     -           1 post

4. Joint Secretary          -           2 posts

5. Finance Secretary     -           1 post

The function of the Central Committee is to see that the policies formulated by the Apex Committee are implemented in all the Regions and to coordinate amongst the Regions for other functions. The Central Committee is only empowered to have talks, negotiations, making agreement and persuasion with the Govt. on any matter concerning the general interest of the members.

 10.       Regional/Zonal Committee:

 10.01      The Central Office gives affiliation to Regions/Zones/Branches/Units which shall function under the overall control of the Central Office. Matters directly related to their regions/zones without affecting the general interest of the entire cadre as a whole can be taken up by the regional/zonal offices with the competent authority of the department. Policy matters of vital importance affecting the entire cadre of promotee engineers will be routed through the Apex Committee and shall be taken up by the Central Office only.

10.02      The Zones (other than Central & Regional Headquarters) would be created in the stations where Chief Engineer is posted, considering the numerical strength of the members which should not be less than 50 in zonal headquarter.

11.       Branch/Unit Committee:

11.01      The branches/units shall function under the control of the Central/Regions/Zonal offices. Except local matters, all other matters will be routed through the respective regions. Branch/Unit Committee shall directly take up the local matters with the concerned authorities.

 

12.       Executive Committee:

12.01    It  consists of the following:

Central Committee

Regional/Zonal Committee

Branch/Unit Committee

President – 1 Post

President – 1 Post

President –1 Post

Vice President – 1 Post

Vice President –1 Post

 

General Secretary –1 Post

Secretary – 1 Post

Secretary – 1 Post

Joint Secretary - 2 Posts

Joint Secretary – 2 Posts

 

Finance Secretary – 1 Post

Finance Secretary  – 1 Post

Finance Secretary –1 Post

Members – 10 Nos

Members – 7 Nos.

Members – 4 Nos.

             The posts of Central/Regional/Zonal/Branch/Unit Office bearers shall be filled up through elections by the members. The members of the Executive Committee shall be nominated by the elected office bearers as required.

 13.       Auditor (s)

 13.01      The Auditor (s) shall be nominated by the Executive Committee and shall not be an office bearer. Auditor(s) shall audit the accounts of the Association.

 14.       General Body Meeting of the Association:

 14.01      The general body meeting of the Association shall be held as soon as possible after 31st March of every year at a place to be decided by the Executive Committee to transact the following business:

 14.02      To consider the annual report.

 14.03      To review and approve the accounts of the year.

 14.04      To hear members regarding general grievances and their suggestions on various matters with prior notice and accord of permission.

 14.05      A minimum notice of a month shall be given for holding an ordinary general body meeting. The quorum of each meeting shall be one third of the members working at headquarters or 100 members whichever is less.  No business shall be transacted at a general body meeting unless the quorum is present at the time of commencement of the meeting.   If the quorum is not present within half an hour of the appointed time of meeting, the meeting if convened upon the requisition shall be dissolved.  In any other case the meeting shall stand adjourned until such time and place as the Executive Committee may appoint, provided at least 24 hours shall have elapsed.   At such adjourned meeting, the members present shall constitute a quorum and may transact the business for which the meeting was called.

 14.06      The President of the Association or in his absence the Vice-President, shall take the chair in the general body meetings. In the absence of both these office bearers Executive Committee shall choose one of the Executive Committee members to be the Chairman.

 14.07      Every question submitted to a meeting shall be decided by raising hands and each member present in person shall have one vote provided that the member shall not be in arrears for the subscription except for the current year.

 14.08      A poll may be demanded by the Chairman or by at least one third of members present in the meeting and upon a poll each member present in person shall be entitled to cast one vote provided the member is not in arrears of the subscription except for the current year.

 14.09      At any general body meeting, unless a poll is demanded, a declaration by the Chairman that a resolution has been carried or not carried will hold good. The record to that effect in the books of proceedings of the Association, shall be conclusive evidence of the fact.

 14.10      In the case of an equality of votes, the Chairman shall have the right for a second or casting vote.

 14.11      If a poll is demanded, it shall be taken in such a manner as the Chairman may direct and result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

 15.       Extra Ordinary General Body Meeting:

 15.01      It may be called by the Central Executive Committee on a short notice of one week to discuss the matters of emergent nature.

 15.02      The meeting may also be called on the requisition of not, less than 100 members of the Association. However, in case of Regions/Zones/Branches/Units the minimum requisite numbers demanding the meeting shall not be less than one third of the members of the Regions/Zones/Branches/Units etc. at that particular place.

 16.       Executive Committee Meeting:

 16.01      Meeting of the Executive Committee may be convened at any time when considered necessary by the President and General Secretary, Regional/Zonal/Branch/Unit Secretary; but it shall however be compulsory to meet at least once in two months. The quorum shall be one third of the strength of the Executive Committee.

 16.02      Subject to the foregoing rules, the Executive Committee will meet for conduct of business, adjourn or otherwise regulate their meetings and proceedings as it thinks fit.

 16.03      In case the quorum is not present within half an hour of the scheduled time of meeting as notified, the meeting shall stand adjourned to be held any day any time after 48 hours. For adjourned meeting any number of members present in such meeting shall form the quorum. However, if the meeting was called on the specific request of certain members, the adjourned meeting will not be held unless at least six or one third members are present in person, the agenda for such a meeting being treated as cancelled thereby requiring no further consideration by the Committee.

 16.04      The President of the Association may at any time, and the General Secretary shall, upon the request of at least three members of the Executive Committee, convene a meeting of the Executive Committee.

 16.05      The President, or in his absence, the Vice-President, shall be entitled to take the chair at the meetings of the Executive Committee.   Should both these office bearers be absent the members shall choose one of the members to be the Chairman of the meeting

 16.06      Questions arising at any meeting shall be decided by a majority of votes, and in the case of any equality of votes, the Chairman shall have a second or casting vote.

 16.07      A meeting of the members of the Executive Committee at which a quorum is present shall be competent to exercise any of the powers exercisable by the Executive Committee.

 16.08      A resolution in writing signed by all the members of the Executive Committee shall be valid and effectual as if it had been passed at a meeting of the Executive Committee duly called and constituted.

 16.09      Subject to any general or special directions which may be made from time to time by the Executive Committee, one week notice of such meeting of the Executive Committee shall be given to the members of the Executive Committee, provided that if the President considers a matter to be of such an urgent nature as necessitating an early meeting, three days notice shall be given.

 Function/Duties and Powers of the office bearers:

 17.       President- Central/Region/Zonal/Branch/Unit

 17.01      The President shall preside over the meeting of the General Body or the Executive Committee and shall exercise general supervision over the affairs of the Association.

 18.       Vice-President-

 18.01      The Vice-President of the Central/Region/Zone shall exercise all the powers of the President in his absence and shall assist him in his works.

 19.       General Secretary/Regional/Zonal Secretary/Branch/Unit Secretary:

 19.01      He shall be the Chief Executive and shall administrate and execute the affairs of the Association.

 19.02      He shall have powers to summon the meetings of the Apex Committee/General Body meeting of the Central/Region/Zone/Branch/Unit as the case may be.

 19.03      He may modify the proceedings of the meetings of the Association if they are in contravention with the public service conduct rules of the Govt., in consultation with the Executive Committee.

 19.04      General Secretary shall exercise general control over the funds of the Association along with the Finance Secretary and pass all the vouchers up to an amount of Rs.15,000/- each for payment and any single voucher exceeding Rs.15,000/- shall be approved by the Executive Committee. However in case of Regional/Zonal/Branch/Unit Offices the Executive Committee is empowered to fix the limit.

 19.05      He shall record and maintain the minutes of all the meetings in the minutes register.

 19.06      He shall summon ordinary/extra-ordinary general body meeting with the approval of Executive Committee.

 19.07      The General Secretary and the Finance Secretary shall be entitled to hold an imprest in cash each not more than Rs.10,000/- at any time, and in case of Region/Zone/Branch/Unit offices respective Executive Committee is empowered to fix the limit.

 20.       Joint Secretaries:

 20.01   Joint Secretaries shall assist the General/Regional/Zonal Secretaries in the discharge of his duties.  Out of the two Joint Secretaries, one shall have to officiate in place of General/Regional/Zonal Secretary during the later’s absence. The General/Regional/Zonal Secretary before leaving the station shall in writing intimate one of the two Joint Secretaries to function in his absence under intimation to the President.

 21        Finance Secretary – Central/Regional/Zonal/Branch/Unit:

 21.01      The Finance Secretary shall maintain the Accounts of the Association and shall exercise the general control in consultation with the General/ Regional/Zonal/Branch/Unit Secretary over the funds of the Association.

 21.02      He shall be personally responsible for the funds of the Association and records pertaining thereto.

 21.03      He shall receive contribution, donations and enrolment fee etc. and issue receipts on official receipt book etc.

 21.04      He shall make payment on the basis of voucher passed by General/ Regional/Zonal/Branch/Unit Secretaries.

 21.05      He shall record and maintain the register of the membership as required.

  22.       Details of Functions and powers of the Central/ Regional/Zonal/Branch/Unit

Executive Committee:

 22.01      Management of the affairs of the Association.

 22.02      To consider and prepare annual report on the affairs of the Association.

 22.03      To frame the annual budget.

22.04      To appoint Sub-Committees for various specific assignments.

22.05      To nominate a person(s) for the post/posts of the Executive Committee falling vacant.

22.06      To appoint and/or remove the salaried or part time salaried staff of the Association.

22.07      To adjudicate on all matters and disputes and issues involving conflict of interest between various branches and sections, issue appeals on decisions and make necessary recommendations to the General body.

22.08      To suggest amendments to the Bye-laws for consideration and incorporation as approved by the Apex Committee and to send for the approval of the Authority/Department/Govt.

22.09      The Central Executive Committee shall take disciplinary action against member(s) found working in disregard to the aims and objects of the Association and on following policy or behaviour directly or indirectly detrimental to the reputation of the Association, on the basis of the recommendations of Central/Regional/Zonal/Branch/Unit Executive Committee, as the case may be.

22.10      The Central Executive Committee shall take disciplinary action against the Regional/Zonal/Branch/Unit for matters where it is found that the Regional/Zonal/Branch/Unit are working against the interest of the Association or defying the directive of higher offices even to the extent of dissolution of Executive Committee of Regional/Zonal/Branch/Unit.

The appeal against such action shall however, lie with the Apex Committee.   The disciplinary action against Central Committee shall be taken by the Apex Committee decided by 2/3rd majority of Apex Committee members.

 23.       Defaulters:

 23.01  Members of the Executive Committee who do not attend three consecutive Executive Committee meetings shall be liable for expulsion from the Executive Committee.  However, the Executive Committee may take any action as deemed fit.

 23.02  The members who do not pay their Annual Subscription for consecutive 12 months shall automatically cease to be a member of the Association. Fresh enrolment as member of the Association is permitted in case he is found eligible otherwise.

 23.03   The membership can also be revived on receipt of the application to do so but only after clearing the entire dues.

 24.       Funds:

 24.01   The funds of the Association shall be deposited in a scheduled Bank/Post office. The Account shall be operated jointly by the General/ Regional/Zonal/Branch/Unit Secretary and Finance Secretary.   However in the absence of the General/Regional/Zonal Secretary one of the Joint Secretaries is empowered to sign the cheque for withdrawal along with Finance Secretary.

 24.02      The funds of the Association shall be utilized for the management of the         Association and for advancing the interest of the members.

 24.03      The entire collection of enrolment fee and annual subscription of the members shall be remitted by the respective DDOs to the Central/ Regional/Zonal/Branch/Unit offices as the case may be to be remitted to the Central Office. Central Office, in turn shall distribute 50% of the Regional collection of subscription to the Regional Office and Regional office in turn remit 50% of the Zone/Branch/Unit collection of subscription to that Office. In addition to this Regional Office shall contribute to other expenses of the central Office the ratio of which for each Region shall be decided by the Apex Committee.

 24.04      Expenses incurred within the jurisdiction of Region/Zone/Branch/Unit on official works, agitational programme, boarding and lodging of office bearers/delegates from other offices of the Association arrive to participate in Conference, conventions, agitational programmes, meetings, etc. shall be borne by the respective Region/Branch/Zone/Unit itself.

 24.05      Travelling expenses of office bearers/delegates of Central Committee, Executive Committee of the Region/Zone/Branch/Unit shall be borne by the respective Committees. Travelling expenses of special invitees including other than office bearers shall be met with by the Committee inviting Special invitees. Expenses on legal cases, agitational programmes launched by Central Committee etc. which are undertaken/ launched for an on behalf of the Association as a whole shall be borne by the various Regions and Centre in the proportion decided by the Apex Committee from time to time.

 25.       Year:

 25.01      The year of the Association shall be from 1st April to 31st March.

 26.       Statement of Account and Balance Sheet:

 26.01      The Executive Committee shall place before the General Body meeting of the year term audited statement of Income and Expenditure of the preceding financial year and also the balance sheet prepared by the Finance Secretary and countersigned by the General/ Regional/Zonal/Branch/Unit Secretary for approval.

 26.02      The approved audited balance sheets of the Regions/Zones/Branches/Units shall be sent to Central Office every year by 30th April for completion of final audit report of the Association.

 27.       Audit:

 27.01      Before the Annual General Body Meeting of each year the accounts of the Association shall be audited by Auditor(s).

 28        Additions & Amendments:

 28.01      The additions/amendments in the Bye-laws of the Association shall be processed in the Apex Committee and shall be adopted by the Apex Committee with 2/3rd majority  of the members present. The same will, however have to be got approved from the Govt. prior to their implementation.

 29.       Interpretation of the Bye-laws:

 29.01      If any question arises as to the interpretation of any of the provisions of these Rules or if there is any dispute it shall be referred to the Apex Committee whose decision shall be final and binding.

 30.       No Confidence Motion:

 30.1          No Confidence motion can be moved by 1/3rd members of the respective Headquarters for the respective Regions/Zones/Branches/Units which shall be passed by 2/3rd majority of members of Region/Zone/Branch/Unit.

 31.       Vote of Members:

 31.01      Every member present shall exercise one single vote. The President shall cast his second/casting vote in case of tie.

 32.       Elections:

 32.01      The election of the office bearers of the Branch/Unit Committee shall be held annually. The election of the Central/Regional/Zonal Committee shall be held once in two years.

 32.02      The total number of Office Bearers and Executive Members at Central/ Regional/Zonal/Branch/Unit level shall be as under

 

 

 

Total Office Bearers

Executive Members

1.

Central Committee

6

10

2.

Regional/Zonal Committee

6

 7

3.

Branch/Unit Committee

3

 4

 

32.03      If elections are not held within 3 months of the expiry of the term (in case there is no legal hindrance), the office bearers would cease to be duly elected representatives of the Association.

 32.04      The detailed procedure for conducting the elections shall be as under:

 32.04.1      All the members have direct voting rights to elect office bearers of Central / Regional/Zonal/Branch/Unit level. The elected office bearers would further nominate Executive Committee Members.

 32.04.2   The Executive Committee (in all levels) shall nominate an Election Officer from amongst its members or another organization may be approached to nominate one of their members as Election Officer. The E.O may nominate Returning Officers for his assistance. Voters do not mean any promotee Engineer of CPWD but the only such members who qualify all the conditions as are contained in the Bye-laws.

 32.03.3   No contestant would be permitted to contest for more than one post finally.

 32.04.4    Any member posted throughout India shall be eligible to the post of General Secretary (Central). For other office bearers (Central) only eligible member posted at Delhi/New Delhi shall be entitled to contest.

 32.04.5    For any kind of dispute arising in the process of election, the decision of the Election Officers shall be final and binding on all.

 32.04.6    Only the members posted/working at the respective headquarters of unit, branch, zone and Region at the time of declaration of elections for the post of respective office bearers will be eligible to contest.

 32.04.7    For contesting to the posts of Central and Regional Secretary and President the minimum period of continuous membership in the Association should be three years on the date of declaration of elections.  In other words, for contesting these posts, a member should be having at least three years of service as AE or EE as the case may be, after being the member of the Association.

 32.04.8    All contestants to the post of any office bearer should have the required balance of service left for the tenure of that post as applicable respectively.

 32.04.9    Any vacancy to any post of the elected office bearer arising before completion of the full tenure can be filled up by nomination or election as deemed fit by the respective Executive Committee for the remaining tenure of the post.

 33.       Preparation of Electoral Roll:

 33.0l    Electoral Roll for Election of Office Bearers for Central Office:

 Names of members under Central Office shall be enumerated by the Central Office only whereas the names of the members under different Regions shall be collected by the Regional Offices and to be sent to Central Office for incorporation in the electoral rolls at least six  months before the expiry of the term of elected body.

 33.02      Electoral Roll for Election of Regional/Zonal/Branch/Unit Offices: 

It shall be responsibility of the Regional/Zonal/Branch/Unit office to prepare their own electoral roll for their own election.

 33.03      All the members stationed throughout India shall be eligible for inclusion of their names in the electoral roll for election of Central Office.

 33.04      Election of Central Committee shall be held on a single day throughout India.

 33.05      Final electoral roll shall be made available at Central Office at least 30 days ahead of date of election.

 33.06      Member who can attend voting at Central Venue at New Delhi/Delhi can cast their vote at Central venue at New Delhi. The other outside members (other than posted at New Delhi/Delhi) who cannot be present at Delhi to cast their votes shall be entitled to vote by postal ballot which will be sent by the Election Officer to the members and to be sent back to Election Officer by the members or by the Regional/Zonal/Branch/Unit Offices or as per the directions of the Election Officer as deemed fit by him.

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