GOVERNMENT OF TAMIL NADU  
ABSTRACT

Service Associations – Recognition by Government – Statutory Rules regarding Recognition of Associations – Amendment to rule 5(b) of the Tamil Nadu Government  Servants’ Recognition of Service Associations Rules, 1974 – Orders – Issued. 

         PERSONNEL AND ADMINISTRATIVE REFORMS (K) DEPARTMENT 

 G.O.Ms.No.16                                                                                                                                                       Dated: 17.2.99 

Read : 

           G.O.Ms.No.229, Public Department dated 22.1.74.
           G.O.Ms.No.47, Personnel and Administrative Reforms(K)
           Department dated 30.1.96.

                                           *****

ORDER:

In the G.O. Second read above, the Government have directed, among other things, that periodical meetings with the representatives of the recognised Service associations and Head of the Departments be convened by the Secretaries to Government once in six months, instead of once in three months.  Periodical meetings with the representatives of the recognised Service associations should be convened in three months by all Heads of the Departments also on the lines indicated in the above G.O.

2.According to rule 5(b) of the Tamil Nadu Government Servants’ Recognition of Service Associations Rules, 1974, every Service Association recognised or deemed to have been recognised  under these rules shall submit to the Government through the respective Head of the Departments a list of members, and office bearers and up-to-date copy of Rules and statement of accounts, audited by qualified registered auditor when the annual turn over exceeds Rs.10,000/- or statement of accounts in the case of the annual turn over is below Rs.10,000/-.

3.The majority of the recognised Service Associations are not submitting the Accounts and other reports as required under rule 5(b) of Tamil Nadu Government Servants’ Recognition of service Associations Rules, 1974.  The question of  entrusting the respective Head of the Departments with the responsibility of getting the audited statement of accounts and other reports from the Service Associations pertaining to the Department has been examined by the Government.  Consequently the Government direct that the Head of the Departments shall obtain within the prescribed time, limit, annual audited statement list of members and office bearers, an up-to-date copy of rules from the recognised Service Associations functioning in their Departments, scrutinise them and send a report to the Secretary to Government in the respective department of the Secretariat.  In the case of there being violation of rules 4 and 5 by the Service Associations, the Secretary to Government concerned shall discuss the violation of rules with the representatives of the respective Service Association during periodical meeting and if felt necessary, recommend withdrawal of recognition of the Association to the Personnel and Administrative Reforms(K) Department.                                                                        

  4.The Government also direct, that the Service Associations whose members or employees belonging to more than one department, shall. as is being done now, send the annual accounts and other reports, etc. prescribed under rule 5(b) of the Tamil Nadu Government Servants’ Recognition of Service Associations Rules, 1974, to the Government in the Personnel and Administrative Reforms Department.  Taking of penal action against the delinquent Associations by the respective Head of the Departments and the Secretary to Government concerned will be monitored and in the event of no penal action having been taken, follow up action will be taken by the Personnel and Administrative Reforms Department including withdrawal of recognition.                                                                                                                    

5.The following Notification will be published in the Tamil Nadu Government Gazette :-

NOTIFICATION    

  In exercise of the powers conferred by the proviso to Article 309 of Constitution of India, the Governor of Tamil Nadu hereby makes the following amendment to the Tamil Nadu Government Servants’ Recognition of Service Associations Rules, 1974.

                                                                         AMENDMENT

In the said Rules, in rule 5, for clause(b), the following clauses shall be  Substituted, namely:

“(b) Service Associations belonging to one department under the control of a particular Head of the Departments shall furnish the list of members and office bearers, an up-to-date copy  of the rules, an audited statement of accounts and reports, if any, to the Head of that Departments concerned, once in a year after the annual general meeting, so as to reach the Head of the Departments concerned before the 1st day of July each year.  All Service Associations whose annual turn over is Rs.10,000/- (Rupees ten thousand only) and above shall have their accounts duly audited by a qualified Chartered Accountant whose name is registered in the Register of the members of the Institute of Chartered Accountants of India and having certificate of practice granted under the Chartered Accountants Act, 1970 (Central Act 38 of 1949).

 (ba) The Head of the Departments shall scrutinise the particulars furnished by the Service Association and send a report to the Secretary to Government of the Administrative Department concerned of the Secretariat, if there is any violation of any of these rules, the Secretary to Government concerned shall discuss with the representatives of the respective Service Associations and set right the issues.  If the Administrative Departments  concerned considered for good and sufficient reasons that the recognition of any Service Association should be withdrawn that department shall send the file to the Personnel and Administrative Reforms Department for further action.

(bb) the Personnel and Administrative Reforms Department shall monitor as to whether action is taken by the Head of the Departments and the Administrative Departments concerned of the Secretariat on the erring Service Associations.  The Personnel and Administrative Reforms Department shall take direct action for the withdrawal of recognition of any erring Service Association, in case where no suitable action is taken by the Head of the Departments and the administrative department concerned of the Secretariat on such erring Service Association.

 (bc) Any Service Association which does not come under the administrative control of any Head of the Departments shall furnish the particulars specified in clause(b) to the Personnel and Administrative Reforms Department”.

(BY ORDER OF THE GOVERNOR)

                                              SHEELA BALAKRISHNAN
                                          SECRETARY TO GOVERNMENT.

To

All Secretaries to Government,
All Heads of the Departments(including Collectors, DistrictJudges and District Magistrate(Judicial)
All Departments of Secretariat,
The President,
The Recognised Service Association.
The Director of Stationery & Printing, Chennai for publication Of the notification in Tamil Nadu Government Gazette.

/FORWARDED/BY ORDER/

                                                            SECTION OFFICER.