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GOVERNMENT OF INDIA

MINISTRY OF RAILWAY

(RAILWAY BOARD)

SBEC/Union Elec.2012/Modalities/1 New Delhi 18.03.13

Chief Personnel Officers

All Open line Railways and Metro Kolkatta

Sub: FINAL MODALITIES for Secret Ballot Elections for recognition of

Unions/Federations on India Railways

Railway Board vide order no. ERB-I/2012/23/49 dated 09.11.12 has constituted a

Committee as follows, to supervise and conduct Secret Ballot Elections for granting recognition

to unions and federations on Indian Railways:

Chairman: Shri R.R.Jaruhar- Member Engineering (Retd) Railway Board

Member: Shri A. K. Nigam- Adviser Industrial Relations (Retd) Railway Board

Member Secretary: Shri Rajiv Kishore- Executive Director/ERP, Railway Board.

2. The terms of reference of the Committee are as follows:

i) To review the modalities framed by the earlier Committee for the elections held in

November 2007/frame modalities to conduct next Secret Ballot Elections to

recognise Unions;

ii) To form code of conduct/discipline for the elections on the lines of Code of

Discipline of Ministry of Labour suitable for Indian Railways;

iii) To function as a nodal body for conducting and supervising the secret ballot ;

iv) To suggest the mechanism for arbitration on disputes arising out of elections; and

v) Recognition of Federation(s) at Board’s level.

Contd......

3. Further vide communication no. 2012/E(LR)III/LR/Misc/5(SB)-Pt. dated 08.03.13,

Railway Board has advised that “instructions in complinace with courts orders dated 03.03.2010

in WP (C) No. 26/2008 and order dated 30.01.2012 in LPA no 550.2010 of Hon’ble High Court

of Delhi which has been upheld by the Hon’ble Supreme Court of India in their order dated

22.01.13 in Special Leave to Appeal (Civil) No. 23523/2012, will follow separately”.

4. The Committee has uploaded DRAFT MODALITIES on the website on 11.03.13,

calling for suggestions/views upto 5.30 pm on 15.03.13. The Committee received large number

of suggestions through email and letters from various stake holders and unions from all over the

Indian Railways.

5. On the basis of these suggestions, Railway Board advice dated 08.03.13 and specific

Terms of Reference assigned to the Committee, the Committee has framed the following FINAL

MODALITIES which are enclosed for information of all concerned. The FINAL

MODALITIES have been uploaded on the official website of Railway Board, under the webpage

titled “Secret Ballot Elections Committee”

6. It is requested that the enclosed Notice may be put up at prominent Notice Boards so that

all concerned may be able to access the FINAL MODALITIES on the website

7. Hindi version shall follow.

RAJIV KISHORE

Executive Director/ERP

& Member Secretary, Secret Ballot Election Committee.

(2)

GOVERNMENT OF INDIA

MINISTRY OF RAILWAY

(RAILWAY BOARD)

NOTICE

Sub: FINAL MODALITIES for Secret Ballot Elections for recognition of

Unions/Federations on India Railways

On the basis of Terms of Reference assigned to the Secret Ballot Election

Committee vide Railway Board vide order no. ERB-I/2012/23/49 dated 09.11.12

and views/suggestions received from Unions/Federations and Zonal Railways, the

Committee have framed FINAL MODALITIES which have been uploaded on the

official website of Railway Board under the webpage titled “Secret Ballot

Elections Committee”.

***********************************

ANNEXURE-I

CODE OF DISCIPLINE

All the contesting registered trade Unions undertake in writing that they will observe the Code of Discipline.

I. Management and Union(s) agree –

i) that no unilateral action should be taken in connection with any industrial matter and that

disputes should be settled at appropriate level ;

ii) that the existing machinery for settlement of disputes should be utilized with the utmost expedition ;

iii) that there should be no strike or lock-out without notice ;

iv) that affirming their faith in democratic principles, they bind themselves to settle all future differences, disputes, and grievances by mutual

negotiation, conciliation and voluntary arbitration ;

v) that neither party will have recourse to (a) coercion, (b) intimidation, (c) victimization or (d) go-slow ;

vi) that they will avoid, (a) litigation, (b) sit-down and stay in strikes and (c) lockouts ;

vii) that they will promote constructive co-operation between their representatives at all levels and as between workers themselves and abide by

the spirit of agreements mutually entered into ;

viii) that they will establish upon a mutually agreed basis, a grievance procedure which will ensure a speedy and full investigation leading to

settlement ;

ix) that they will abide by various stages in the grievance procedure and take no arbitrary action which would by-pass this procedure ; and

x) that they will educate the management personnel and workers regarding their obligations to each other.

II. Managements agree –

i) not to support or encourage any unfair labour practice such as (a) interference with the right of employees to ennrol or continue as Union

members, (b) discrimination, restraint or coercion against any employee because of recognized activity of Trade Unions and (c) victimization of

any employee and abuse of authority in any form ;

ii) to take prompt action for (a) settlement of grievances and (b) implementation of settlements, awards, decisions and orders ;

iii) to display in conspicuous places in the Railway offices the provisions of this Code ;

iv) to distinguish between actions justifying immediate discharge and those where discharge must be preceded by warning, reprimand, suspension

or some other form of disciplinary action and to arrange that all such disciplinary action should be subject to an appeal through normal grievance

procedure ;

v) to take appropriate disciplinary action against its officers and members in cases where enquiries reveal that they were responsible for

precipitation of action by workers leading to indiscipline.

III. Union(s) agree –

i) not to engage in any form of physical duress ;

ii) not to permit demonstrations which are not peaceful and not to permit rowdyism in demonstration ;

iii) that their members will not engage or cause other employees to engage in any Union activity during working hours, unless as provided for

by law, agreement or practice ;

iv) to discourage unfair labour practices such as (a) negligence of duty, (b)

careless operation, (c) damage to property , (d) interference with or disturbance to normal work and (e) insubordination ;

v) to take prompt action to implement awards, agreements, settlements and decisions ;

vi) to display in conspicuous places in the Union Offices, the provisions of this Code; and

vii) to express disapproval and to take appropriate action against office-bearers and members for indulging in action against the spirit of this Code.

ANNEXURE II

DECLARATION FOR PAYMENT OF DUES

I ………………………………. General Secretary …………………………….have paid all bills where there is no dispute or

issue involved and further undertake to pay all dues upto 31.12.12 on account of office rent, electricity

charges, telephone charges etc. for all facilities provided by the railway administration for various union

offices in …………. Railway by 31.12.13.

Or,

I ………………………………. General Secretary ……………………………..undertake to pay all dues upto 31.12.12 on

account of office rent, electricity charges, telephone charges etc. for all facilities provided by the railway

administration for various union offices in …………. Railway by 31.12.13.

(Strike option not applicable)

(This declaration is valid for all dues which have not been raised by the administration or for disputed bills

after disputes are resolved)

NAME..................................... GENERAL SECRETARY...................................... ADDRESS........................................................

NAME OF RAILWAY

ANNEXURE- III

MACHINERY TO ENFORCE CODE OF CONDUCT

As perTerms of Reference (ToR) no. 2. (ii) of Railway Board Order no. ERB-I/2012/23/49 dated 09.11.12 the following

machinery is being put in place for enforcing the Code of Conduct/Code of Discipline for the Secret Ballot Elections.

MACHINERY FOR ENFORCING CODE OF CONDUCT / DISCIPLINE DURING SECRET BALLOT

ELECTIONS ONINDIAN RAILWAYS

Sl.

No.

Offence/Misconduct

Proposed Penalty Authority competent to

initiate action

Authority

competent

to impose

penalty

Appellate

Authority

A OFFENCES ATTRACTING IMPOSITION OF MONETARY FINES

1 Convening/holding Public Meetings in connection with

election and display of any election matter through various

media sources and cultural performances during period of

forty eight (48) hours prior to the hour fixed for

commencement of poll and during the duration of polling

process.

Fine up to Rs.

5000/- on Trade

Unions.

Any officer authorized to

oversee free and fair conduct

of polling process

Presiding

officer

Returning

Officer

2 Any person illegally hiring or procuring any vehicle for free

conveyance of any elector other than self and the polling

agent, to or from any polling station commits an offence.

Fine up to Rs.

5000/- on Trade

Unions.

Polling officer or any officer

authorized to oversee free and

fair conduct of polling process

Presiding

officer

Returning

Officer

Sl.

No.

Offence/Misconduct


initiate action

Authority

competent

to impose

penalty

Appellate

Authority

3 Whoever prints or publishes any election pamphlets, posters,

handbills or placards which do not bear on its face the name

and the address of the printer and the publisher commits an

offence.

Fine up to Rs.

5,000/- on Trade

Unions

Sr. DPO/DPO/Deputy

CPO/SPO authorized to

oversee conduct of free and

fair elections

Presiding

officer

Returning

Officer

4 Canvassing in or near polling station, soliciting votes and

persuading/coercing the voters to vote in a particular manner

or not to vote for a particular candidate or election on the date

of poll is prohibited and its violation constitutes an offence.

Fine up to Rs.

2000/- on Trade

Unions.

Polling officer or any other

officer authorized to oversee

free and fair conduct of polling

process

Presiding

officer

Returning

Officer

5 Causing damage to railway property in course of canvassing

by defacing/spoiling fixed and moveable assets and structures

Fine upto Rs. 5000/-

levied on the Trade

Unions.




process

Presiding

officer

Returning

Officer

6 Lodging false/incorrect complaint against another union Fine upto Rs. 5000/-

on the complainant

Union

Sr. DPO/DPO/Deputy

CPO/SPO authorized to

oversee conduct of free and

fair elections

Presiding

officer

Returning

Officer

B OFFENCES ATTRACTING PROVISIONS OF IPC and D&A RULES 1968

1 Every officer /clerk/agent or other person performing duty of

recording/counting of votes is liable to maintain secrecy of the

voting and its violation constitutes an offence.

Liable to attract

D&AR Rules 1968

Polling/Presiding authorized

officer overseeing counting of

votes

As per D&A

Rules

As per

D&A Rules

Sl.

No.

Offence/Misconduct


initiate action

Authority

competent

to impose

penalty

Appellate

Authority

2 Misconduct in the polling station or disobedience of directions

of the polling officer shall result in removal of the voter from

polling station and any such voter attempting to re-enter the

polling station without the permission of polling officer is

liable to be taken up for criminal misconduct.

As per Indian Penal

Code (IPC)




process

As per IPC As per IPC

3 No person except on duty RPF/Police officials deputed to

conduct elections/ maintain law and order at the polling station

shall be permitted to carry arms at the voting booths and its

violation shall be treated as an offence.

As per IPC/ D&A

Rules




process

As per

IPC/D&A

Rules

As per

IPC/D&A

Rules

4 Any person suspected to have removed ballot paper out of

polling station can be searched/ detained by the Polling officer

and is liable to be taken up under the criminal proceedings.

As per IPC Polling officer or any other



process


5 Booth capturing viz. seizure of polling station/place fixed for

polling and counting of votes, allowing only supporters to

vote, preventing/coercing other voters from exercising votes

and making polling authorities surrender the ballot papers/

shall constitute an offence




process


6 Any act of fraudulently defacing/destroying any ballot

paper/official mark on any ballot paper or tampering with the

ballot box in any other manner by the voter shall constitute an

offence.




process


Sl.

No.

Offence/Misconduct


initiate action

Authority

competent

to impose

penalty

Appellate

Authority

7 Voting or applying for voting paper in a fictitious name, re-

applying for voting in own name and abetting, procuring or

attempting to procure voting in any such way shall constitute

an offence of Personation.

Liable to attract

D&A Rules

Polling/Presiding/officer

authorized officer overseeing

counting of votes.

As per D&A

Rules

As per

D&A Rules

8 Whoever voluntarily causes simple or grievous hurt or assaults

to deter a public servant from discharging his duty

As per IPC/ D&A

Rules




process

As per

IPC/D&A

Rules

As per

IPC/D&A

Rules

Sha

ll 9

Anyone who

i) Gives a gratification to any person with the

object of inducing him or any other person to

exercise any electoral right or of rewarding

any person for having exercise any such right;

or

ii) Accepts either for himself or for any other

person any gratification as a reward for

exercising any such right; or for inducing or

attempting to induce any other person to

exercise any such right, commits the offence

of bribery: constitutes an offence.

As per IPC/ D&A

Rules




process

As per

IPC/D&A

Rules

As per

IPC/D&A

Rules

Sl.

No.

Offence/Misconduct


initiate action

Authority

competent

to impose

penalty

Appellate

Authority

C OFFENCES LEADING TO DISQUALIFICATION

1 Promoting feeling of enmity or hatred on grounds of religion,

race, caste, community or language amongst different classes/

categories of Railway Employees.

Individuals found

guilty of such

misconduct or found

abetting such

misconduct shall not

be extended

facilities available to

office bearers of

unions in the event

of her/his union

being recognized on

the basis of election

results.

On days of polling the polling

officer & Presiding officer and

prior to that Sr.

DPO/DPO/Deputy CPO/SPO

of the concerned

division/workshop shall be

responsible for initiating

action

Returning

officer

through

Presiding

officer

General

Manager

2 Filing of false affidavit, or concealing any information in the

affidavit filed by the TRADE UNION

Disqualification of

Union to contest the

elections

Returning officer General

Manager

through

Returning

officer

General

Manager

ANNEXURE-IV

Secret Ballot Elections Committee Secret Ballot- 2013

Appointment Letter of Presiding Officer

**********

I, __________ Returning Officer for__________ Railway appoint the following officials as Presiding officers for the division/workshop shown against the names of each official to conduct, supervise and perform all miscellaneous duties in connection with holding of secret polls for granting recognition to Registered Railway Trade Unions representing all categories of non-gazetted employees of Indian Railways notified vide ____________________no.

S.No. Name of Division/ Workshop

Name of Officer

Designation of Presiding Officer

Elections to be held on

______,______

Returning officer _________ Name__________________

Designation_____________ Date:___________________

Annexure-V

___________Railway Secret Ballot Elections - 2013

Appointment letters of Polling Teams In pursuance of Secret Ballot Election Committee’s decision to hold Secret Ballot on _________,________and ______, I hereby appoint the officers/officials specified in the Table below as Polling officers for the Polling booth specified below:

1. Dates and Hours of Secret Ballot _____ 2. Polling Booth No.___________________ 3. Location of Polling Booth____________

S.No. Category Name Designation Office Address Phone Signature

1. Polling Officer (1)

2. Polling Officer (2)

3. Polling Assistant




7. Polling Helper

8. Polling Helper

Date and Time of briefing _________________Venue ______________

(Presiding Officer)

_______________Railway Name______________

Designation______________ Date______________

(Returning Officer) Name______________ Designation___________ Date______________

ANNEXURE - VI

LIST OF FREE ELECTION SYMBOLS

Returning Officer may allot from the following election symbols as per choice

of the contesting Unions, subject to provisions of para 10 of the Modalities:

1. Table

2. Chair

3. Computer (Desktop)

4. Car

5. House

6. Tree

7. Suitcase

8. Mango

9. Banana

10. Pen

11. Flower (Rose)

12. Book

13. Mobile Phone

14. Telephone set

********************************************************

ANNEXURE-VII

NOMINATION FORM

1. Name of the Union :_______________________________

2. Abbreviation used by Union :_______________________________

3. Abbreviation in the local language (if any):_________________________

4. Registration No. :_______________________________

5. Date of Registration :(dd)________(mm)____(Year)_______

6. Name & Address of Registrar :_______________________________ of trade unions with whom :_______________________________

registered

7. Full Address of the Union at Zonal Hqrs, :_______________________________

_______________________________

Tel.No._________________________

8. Name & Address of Central Office _______________________________

bearers with their Designations _______________________________

in Railways. _______________________________

9. Checklist regarding stipulated declaration/enclosures being submitted with

Nominationpapers or not: (Copies of all declarations/enclosures to be attested

by the the General Secretary)

SN DECLARATION/ENCLOSURES

1 Accounts Statement and Annual Returns as on 31.12.2011 YES/NO

2 Certified copy of the Union’s Constitution YES/NO

3 Copy of Last Annual Return ( for year 2011) submitted to

the Registrar of Unions

YES/NO

4 Supporting signatures of at least SEVEN Railways

employees with name, designation and posting station

(this is subject to verification)

YES/NO

5 A declaration by the General Secretary of the Union that

they have read the modalities and Code of

Conduct/Discipline in regard to holding of Secret Ballot and

the same are acceptable to them

YES/NO

6 A declaration by the General Secretary of the Union that it

has never discriminated on the ground of religion, caste,

gender, language, region or any other basis, prohibited

under the law of the country.

YES/NO

7 A clear undertaking that the results of the Secret Ballot will

be binding on the Union for the purpose of obtaining

recognition from The General Manager.

YES/NO

8 Declaration by General Secretary regarding the symbol not

having any resembalce to any symbol allotted to political

parties by the ECI/SEC (ref para 10 of the modalities)

YES/NO

9 Declaration by the General Secretary of the union that all rules and conditions (updated) notified in chapters XXV & XXVI of IREM, Volume-II and Code of Discipline and Code of Conduct in terms of para 5 and 6 of the modalities are acceptable to them.

YES/NO

10 Declaration by the General Secretary of the Union that all information provided by the Union is correct and that in the event of same being found incorrect, the Competent Authority shall be free to take appropriate action as per Annexure III

YES/NO

11 Requisite numbers of No Dues Ceritificate/ Declaration regarding non possession of any railway facility.

YES/NO

DECLARATION

I, Shri/Km/Smt._____________________(Name &designation)

S/o/D/o/W/o____________________________holding the post of

General Secretary do hereby declare that all information provided as

above by the Union is correct and if any information is found incorrect,

the General Manager/ Railway will be free to take any

appropriate action.

Date: (Name in full)

Place: General Secretary,

(Name of the Union with full address)

ANNEXURE- VIII

REQUEST FOR POSTAL BALLOT

A. (For polling staff)

I______________(Name),---------------------------- S/o/D/o/W/o______________

(Designation)________________Working at _________________(Name of

the Office) have been deputed as Polling Assistant/Polling Helper vide letter

No. ____________dated_____________ issued by______________ I may

please be given Postal Ballot for casting my vote.

OR

B. (For training staff)

I______________(Name)_______________S/o/D/o/W/o_________________

(Designation) have been deputed to undergo training on the

_______________(name of program) at_____________(Full address of

Training Centre)______________vide letter

No._________dated______________with effect from _________ to

________________(period of training).. I may please be given Postal Ballot

for casting my vote.

OR

C.(For escort-duty staff)

I______________(Name)_______________S/o/D/o/W/o_________________

(Designation) am working as ______________under________________

(Name of Supervisor/Office)_and shall be away on train running duty during

the period ___________to__________. I may please be given Postal Ballot

for casting my vote.

(Strike out whichever is not applicable)

ANNEXURE-IX

_________________RAILWAY

SECRET BALLOT _ELECTIONS_-_2013 RECORD OF ELECTION PROCEEDINGS

NAME OF DIVISION__________ BOOTH No._________________

DATE:____________

Time In hrs.

(1)

Total No. of Ballot

Papers

(2)

Ballot Papers used

(3)

Serial No. of Ballot

Papers used (4)

Balance No. of Ballot

Papers

(5) (2-3)

Signature of Polling

Officer

(6)

Signature of Polling Agents

(7)

Position as at

8.00

8 to 13 hours

13.00

13 to 18 hours

18.00

ANNEXURE-X

_________________RAILWAY

SECRET BALLOT ELECTIONS -_2013 BALLOT PAPER ACCOUNT

NAME OF DIVISION__________ BOOTH No._________________

DATE:____________

1. Name & designation of Polling Officer: _______________________ 2. Number of Ballot Papers received

(with serial numbers) :________________________ 3. Total No. of votes polled :________________________ 4. Ballot Papers used*

(with serial numbers) :_________________________ 5. Unused Ballot Papers (S.No.2 – S. No.4):______________________

*Should match with S.No.3.

(Name, designation & Signature

of Polling Officer with date)

ANNEXURE-XI

_________________RAILWAY

SECRET BALLOT ELECTIONS -2013

PROFORMA FOR ELECTION REPORT

NAME OF DIVISION________ BOOTH No._______________

1. Name & designation of Presiding Officer:______________________

2. Number of Ballot Papers received

(with serial numbers) :________________________

3. Total No. of voters :________________________

4. Total No. of votes polled :________________________

5. Total No. of invalid votes :________________________

6. No. of votes polled in favour of each Union:

S.No. Name of the Union Number of votes polled

Name(s) & signature(s) of Name & Signature of Presiding Officer Polling Agents Name Signature Name Signature ________________________ ____________________________ ________________________ ____________________________ ________________________ ____________________________ ________________________ ____________________________

ANNEXURE-XII

Secret Ballot : 2013 Compilation of final result

__________Railway

Division/ worksho

p

Total No. of voters

Total votes polled

Invalid Votes

Net Valid Votes

Total No. of Postal Ballots receive

d

Invalid Postal Ballot

Net valid

Postal Ballot

Total Valid Votes Polled

No. of Votes polled in favour of each

union**

Votes polled calculated as a percentage of

total Electorate i.e. col11 as

%age of col.2

Votes polled calculated as a percentage of

total valid votes polled i.e. col 12 as %age of col.9

Name of Union

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) 3-4 6-7 5+8 A B C D A B C D A B

C D

Signature of Returning Officer__________________ Name:______________________________________ Designation _________________________________ Date________________________________________

**Number and names of unions will vary from Railway to Railway

1

FINAL MODALITIES

FOR

SECRET BALLOT

ELECTIONS

FOR

RECOGNITION OF

UNIONS/FEDERATIONS

ON INDIAN RAILWAYS

AUTHORITY: Railway Board Order nos.

(1) ERB-I/2012/23/49 dated 09.11.12&

(2) 2012/E(LR)III/LR/Misc/5(SB)-Pt. dated 08.03.13

2

As per Terms of Reference (ToR) no. 2. (i) (ii) & (iii) of Railway Board Order no. ERB-

I/2012/23/49 dated 09.11.12, the following FINAL modalities are proposed according to

which the secret ballot elections shall be conducted.

CONTENTS

1 UNIONS ELIGIBLE TO CONTEST THE ELECTIONS

2 EMPLOYEES ELIGIBLE TO VOTE& IDENTIFICATION OF VOTER.

3 EMPLOYEES NOT ELIGIBLE TO VOTE& TRANSFERRED EMPLOYEES

4 NORMS FOR RECOGNITION

5 CODE OF DISCIPLINE

6 CODE OF CONDUCT DURING ELECTION PROCEEDINGS

7 VOTERS’ LIST

8 AUTHORITY TO CONDUCT AND SUPERVISE SECRET BALLOT ELECTIONS

9 APPOINTMENT OF AUTHORITIES FOR CONDUCTING ELECTIONS

10 ALLOTMENT OF ELECTION SYMBOL

11 NOTIFICATION OF SECRET BALLOT ELECTION

12 FILING OF NOMINATIONS

13 SCRUTINY OF NOMINATIONS

14 WITHDRAWAL OF NOMINATIONS

15 POLLING DATES AND TIMING

16 PRINTING OF BALLOT PAPERS

17 POLLING BOOTHS

18 BALLOT BOXES

19 POLLING AGENTS

20 POLLING PARTIES AND THEIR RESPONSIBILITIES

21 POSTAL BALLOT SYSTEM

3

22 SHORT LEAVE FOR CASTING VOTE

23 PROCESS OF CASTING VOTE

24 RECORD OF ELECTION PROCEEDINGS

25 REPOLLING

26 CLOSE OF THE POLLING

27 COUNTING OF VOTES

28 INVALID VOTES

29 ELECTION REPORT

30 UNUSED BALLOT PAPERS

31 COUNTING & DECLARATION OF FINAL RESULT

32 EXISTING FACILITIES TO UNIONS

ANNEXURES

I CODE OF DISCIPLINE

II DECLARATION REGARDING PAYMENT OF DUES

III MACHINERY FOR ENFORCING CODE OF CONDUCT

IV APPOINTMENT LETTER OF PRESIDING OFFICER

V APPOINTMENT LETTER OF POLLING TEAMS

VI FREE ELECTION SYMBOLS

VII NOMINATION FORM WITH DECLARATION

VIII REQUEST FOR POSTAL BALLOT

IX RECORD OF ELECTION PROCEEDINGS

X BALLOT PAPER ACCOUNT

XI PROFORMA FOR ELECTION REPORT

XII COMPILATION OF FINAL RESULT

4

FINAL MODALITIES FOR CONDUCTING SECRET BALLOT ELECTIONS 2013 FOR THE PURPOSE OF GRANTING RECOGNITION TO REGISTERED RAILWAY TRADE UNIONS/FEDERATIONS*

( Norms for recognition of Federations shall follow)

Railway Board vide its Order no. ERB-I/2012/23/49 dated 09.11.12 has constituted a Secret Ballot Election Committee for framing modalities and for conduct & supervision of secret ballot elections over the Indian Railways, for giving recognition to trade unions/federations. As per the mandate and subsequent communication vide note no. 2012/E(LR)III/LR/Misc/5(SB)-Pt. dated 08.03.13from the Railway Board, the Committee had uploaded draft modalities on 11.03.13 and called for suggestions on the same.

On the basis of suggestions received from unions and administration the following FINAL MODALITIES are being issued for conducting the elections scheduled for 25th, 26th and 27th April 2013.

1. UNIONS ELIGIBLE TO CONTEST THE ELECTIONS:-

Trade unions fulfilling following conditions shall be eligible to contest the elections.

(a) All trade unions of the Railways which are registered under the Trade Union Act, 1926 for at least one year as on 31.12.2011 and which exclusively represent the interests of all non gazetted (erstwhile group ‘C and ‘D’) employees of the concerned zonal railways.

(b) These registered trade unions must not have been formed on the basis of any caste, tribe, region, linguistic or religious denomination or of any group within or section of such caste, tribe, region, linguistic or religious denomination.

(c)The registered jurisdiction of the Union should geographically conform to the jurisdiction of the concerned zonal General Manager to whom the application is made and who is competent to recognize the union and also competent to take any action against unions as and when necessary.*

{*Para 2(c) is under contest at Hon’ble High Court of Allahabad (Lucknow Bench)in W.P.(C) 7956 (M/B) of 2007 and is subject to final outcome of the case in terms of order dated 24.10.2007. Till such time, the provisions of then Member Secretary Secret Ballot Committee letter no. 2007/SBC/Rec/22 dated 30.10.2007 addressed to all CPOs shall remain in force, vide which the “clause 2(c) of the modalities stands annuled till the courts deliver final decision in the matter”.}

NB: The said clause 2 (c) appears as clause no. 1(c) in these modalities

(d)The unions contesting elections must have submitted the accounts statement and annual return for the previous year (2011) to the concerned Registrar of the trade unions.

A copy of last annual return ( for the year 2011) submitted to the concerned Registrar may be submitted to the concerned Returning Officer along with nomination papers. The Returning Officer shall get its documents verified from the Registrar’s office.

5

(e) The Union should not have been involved in any action leading to breach of the Code of Discipline (Annexure I) during a period of one year immediately before notification of date of election.

(f) Unions participating in the election shall have their own constitution in conformity with Trade Union Act, 1926. A self attested copy shall be submitted to the Returning officer.

(g) TheUnion shall enclose a No Dues Certificate for having paid all charges on account of office rent, electricity, telephone and water, till 31.12.12.

In case there is any dispute about charges/bills to be paid by the Union, or in case of inability of administration to raise bills in time, a clear cut undertaking may be furnished by the Union to Railway Administration that the bill after settlement of disputes/raising of bills will be paid latest by 31.12.13. On the basis undertaking General Manager may permit the Union to contest the election. In such a case, the General Secretary will submit a declaration ( Annexure II) that the Union has paid all such bills where there is no dispute and/or an undertaking as specified.

A Union which is not in possession of any facility provided by the Railways, shall submit a declaration to this effect, which shall be treated as the No Dues certificate for that union.

(i) A refundable security deposit of Rs. 25,000/- by way of demand draft drawn in f/o FA&CAO of the concerned railway or Money receipt for remittance of Rs. 25,000/- in Cash Office of the concerned Railway, shall be submitted with the nomination papers. {The security deposit shall be debited in case any fine is levied on the union for violation of the Code of Conduct. Further in case the union fails to secure at least 5% of the polled votes, [fraction to be rounded off to the next higher figure] the security deposit would be forfeited}. After conclusion of the election process, the security deposit in full or its remaining part, as the case may be, shall be refunded to the union.

2. EMPLOYEES ELIGIBLE TO VOTE:-

The following categories of employees shall be eligible to vote.

a) All regular non – gazetted (erstwhile Group ‘C and ‘D’) employees and Substitutes with Temporary Status who are borne on the muster roll of the Railway establishment as on 01.02.13.

b) Employees who are on deputation may cast vote in the office where their lien is being maintained. However for employees on deputation to Railway Electrification/Construction projects, or any other project where cadre has not been closed and employees are still on deputation, Returning officer/Presiding officer shall organise voting in nearby polling booths where polling is arranged for other open line staff. Returning officer/Presiding officer shall arrange for the voters’ list in consultation with project office/ lien holding office. Close collaboration is required amongst the Returning Officer, Head of the Project and the Lien holding offices.

c) Employees in (-1S) Pay Band who are holding working post.

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d) Employees of Training centres/schools and Railway Schools/Colleges who are

permitted to be members of the unions, may be allowed to cast vote in nearby polling

booths. Polling booths should not be set up within the institution’s premises.

e) Ministerial employees working in the RPF/RPSF establishment but not belonging to RPF/RPSF cadre and who are not governed by RPF Act.

f) Only those persons whose names are borne on the voters’ list of a booth shall be eligible to vote at that polling booth.

Identification of Voter: For the purpose of casting vote, Photo I-Card is to be treated as the valid document for identification of voters. All units must ensure that valid I Cards get issued to all employees well before the date fixed for polling. However in rare cases where Photo I-Card is not available due to valid reason, any other valid proof of identification bearing clear photograph such as Driving licence, Voters’ I-Card, Passport, PRAN card and Aadhar card may be treated as valid identity proof. In case none of these proofs of identity is available, then an Authority along with photograph duly forwarded by the Controlling officer (not below JA grade level) and countersigned by concerned Personnel Officer Incharge (Sr.DPO/DPO/Dy. CPO/SPO) with clear mark of official stamp may be permitted.

3. EMPLOYEES NOT ELIGIBLE TO VOTE:-

The following employees shall not be eligible to vote.

a) Substitutes without Temporary Status, Casual/Contract labour and those engaged on daily wage basis.

c) Academic staff ( who are not permitted to be members of the unions) borne on the rolls of Training Institutes/Centres and Railway Schools/ Colleges. (However employees who are permitted to be members of the Unions shall be eligible to vote at nearby booths).

d) If an employee is promoted to Gr.’B’ service on or after 01.02.13, her/his name shall stand deleted from the voters’ list.

e) If an employee has superannuated, retired or voluntarily retired on or after 01.02.13, her/his name shall stand deleted from the voters’ list.

(Explanatory notes: Para 3(d) and 3(e) above imply that only those employees who continue to maintain their status of non gazetted employee on the date of voting as they had on 01.02.13, shall be eligible to vote.

While printing the voters’ list a column showing the date of retirement/due retirement in February and March 2013, may be shown, as the case may be. Or else a list of persons superannuated, voluntarily retired, expired, promoted after 01.12.13 may be given to the polling officers who shall cross check from it while establishing the identity of voters.

However Returning Officers may develop their own mechanisms to address this issue of employees who become ineligible to vote, subsequent to finalisation of voters’ list)

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f) RPF/RPSF personnel governed under the RPF Act are NOT eligible to vote.

Case of transferred employees:

Names of employees whose transfer is effected after 01.02.13, shall stand deleted from the original voters’ list. These names shall be added to the voters’ list at the new station of posting. This will be personally ensured by the immediate controlling officer/supervisor under whom the employee joins duty.

However such additions would be possible only till the voters list is finalised, for which the last date has been fixed as 18.03.13. In order to save the employees and the administration from any inconvenience, it may be ensured that transfers are not effected in a manner that employees have to move after this period. In rare situations where such transfers are inescapable, the employee may vote at the old station.

4. NORMS FOR RECOGNITION:-

i) All unions getting 30% or more of the single vote of the total electorate shall be considered recognized.

ii) If only one Union gets 30% or more of the single vote of the total electorate and some other union polling next maximum number of votes, gets at least 35% of the valid votes polled, then both of these Unions will get recognition. (This is on the premise that 35% of votes polled is less than 30% of the total electorate).

iii) If situation as stipulated in (i) and (ii) above does not arise, then the two Unions getting maximum number of votes will be recognized provided each one individually gets more than 35% of the valid votes polled.

iv) In case, no Union fulfils the conditions laid down in (i), (ii) and (iii) above, then Union getting maximum number of valid votes polled will be recognized provided it gets at least 20% of the valid votes polled. In this case only one Union shall get recognized.

v) If no Union gets even 20% of valid votes polled, then no Union shall stand recognized.

vi) Once a Union is recognized, it shall continue to remain recognized till its recognition is withdrawn/suspended by the competent authority for some special reason after following the due process.

Elections may be held periodically, fixing a tenure of six years for the recognised body/ies in normal course.

vii) The existing recognized trade unions/federations shall continue to remain as recognized unions/federations (subject to conditions) till election process is completed and its continuance shall depend upon the outcome of the elections.

5. CODE OF DISCIPLINE:-

All the contesting registered trade unions will have to give in writing that they shall observe the Code of Discipline, as per Annexure-I.

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Chapters XXV and XXVI of Indian Railway Establishment Manual, Volume-II, deal with the rules for recognition of unions of non-gazetted railway servants, conditions precedent to recognition of the unions and negotiating machinery for dealing with disputes between railway labour and railway administration etc. Participation in the election process is based on the premise that all the contesting trade unions accept all the rules and conditions laid down therein, except for those explicitly mentioned in these modalities.

Railway administration shall display the Code as per Annexure I on prominent notice boards as well as on the website.

6. CODE OF CONDUCT DURING ELECTION PROCEEDINGS:-

Apart from following the above Code of Discipline and provisons of Establishment Manual, all contesting unions shall follow the following Code of Conduct during the course of election process, violation of which is liable to attract penalties laid down in Annexure III:

a. No appeal by any of the contesting trade unions shall be made to voters on the grounds of religion, politics, caste, community, region and language. Any such appeal will be treated as a corrupt electoral practice and may attract penal action as per Annexure III.

b. No contesting trade union or its office bearers/representatives shall indulge in any activity which may cause tension with different categories, cadres, communities, religions etc.

c. Criticisms of rival trade unions should be confined to their policies and programmes, past records of work. Private life of individual shall not be talked about. Similarly, activities not connected with the railway working shall not be mentioned.

d. Criticisms of other trade unions or its office bearers or their workers based on unverified statements shall not be made.

e. Temples, mosques, churches and other places of worship/congregation shall not be used for propaganda purposes.

f. Campaigning by elected public representatives who are not holding post in any of the contesting unions or national federations or central trade unions to which the contesting Union is affiliated and is non-Railwaymen, is not permitted.

g. Canvassing within 100 meters of polling stations, holding public meetings during 48 hours prior to the start of the election process, is not permitted.

h. Intimidation of any type, threat or coercion in forcing any railway employee to vote in a particular manner is not permitted.

i. All authorized Polling agents of the contesting unions shall be in possession of valid identification cards (issued by the Presiding Officer) while entering a polling booth area.

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j.Possession of fire arms, slogan shouting, inciting communal/political/religious passion shall not be permitted at the voting booths and its violation is liable to attract action.

k. No special leave for campaigning shall be allowed to any railway employee or representative of the union.

l. If any contesting Union wants to have a gate meeting during lunch hours, prior permission of the administration would be required. However, no gate meeting will be allowed within 48 hours of election date. If more than one intimation is received the decision of the authority in-charge would be final.

m. Grant of gifts, cash etc. is strictly prohibited and such action will constitute corrupt electoral practices and attract penal action as per Annexure III.

n. Pasting of posters on stations, rolling stock, buildings and defacing including writing on the walls of office and other buildings in colonies, etc. is not allowed. However, appropriate space for this purpose shall be provided to every contesting Union by the administration till the process of election is completed.

o. No disrespect shall be shown to pictures of present and past national leaders in posters put up during canvassing and these shall be removed in proper manner after completion of the elections.

p. In addition to the above, any other campaigning activity extraneous, repugnant and contrary to the recognized sphere of Union activities and against staff tranquillity and public peace shall render the defaulter liable to penal action as per Annexure III.

Note: Code of conduct comes into force from the date of notification of election.

7. VOTERS’ LIST:-

Instructions regarding preparation of Voters’ list comprising of all eligible

voter was circulated vide Committee letter no. SBC/Union Elections/2012/2 dated

08.02.2013 and 22.02.13 to help the Railways start advance preparations. These are

confirmed in para 3 and 4 above.

The schedule for uploading draft and final Voters’ List is revised as under:

12.03.2013: Last date for uploading of draft voter’s list on official website.

14.03.2013: Last date for receiving representations by the Presiding officer

18.03.2013: Last date for disposal of representations by the Presiding officer

18.03.2013: Uploading of final voter’s list on official website with one soft copy to

all registered unions at this stage. (One hard copy of the voters’ list

shall be given after 02.04.13 to all unions whose nomination is found

to be valid.)

Instructions were issued to prepare centralised Voters’ list and upload it on the

Railnet of the respective Railway on or before the specified date.Unions/ Individual

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employees may submit their representation against inclusion/non inclusion/ mistakes

in the list to the Presiding officer or authorised Establishment Incharges

(DPO/Sr.DPO/SPO/Dy.CPO/AEN etc.) responsible for this task.

FORMAT OF VOTERS’ LIST

Name

(1)

Desgn.(2)

Identity card No./ Employee No./Token No.(3)

PF No./NPS No.(4)

Working

Under(5)

Station Where posted

(6)

( Returning officers may consider inserting a cloumn showing date of retirement of employees due retirement in March 2013)

8. AUTHORITY TO CONDUCT AND SUPERVISE THE SECRET BALLOT ELECTIONS:

The structure and machinery of the Authority to conduct Secret Ballot Elections would be as under :

i) The Secret Ballot Elections Committee (SBEC) shall be the nodal body for conducting and supervising the secret ballot elections.

ii) The overall supervision at the zonal level will be with the respective Chief Personnel Officers (CPOs) of the zonal railways who will be designated as the Returning Officers assisted by one Assistant Returning Officer in SAG/SG at Zonal level. At divisional and workshop level where elections would be held, the designated authorities shall be ADRM/CWM who would be the Presiding Officers to be assisted by Assistant Presiding Officers (Sr.DPO/DPO/Dy.CPO/SPO),nominated Polling Officers and Polling Assistants.

At HQ division and other extra divisional units, Returning Officer may appoint Presiding officer in SAG/SG/JAG level for conducting the election.

In the contingency of CPO not being available during the period of election, the Secret Ballot Elections Committee shall nominate another Officer of the rank of PHOD as Returning Officer in his place in consultation with the General Manager of the concerned Railway.In the contingency of the concerned ADRM/CWM not being available, Returning Officer will nominate another suitable senior officer in her/his place in consultation with the concerned DRM/PHODunder advice to SBEC.

9. APPOINTMENT OF AUTHORITIES FOR CONDUCTING ELECTIONS:-

The Chairman SBEC shall appoint the Returning Officer who in turn shall appoint the Presiding officers as per Annexure IV under advice to SBEC. She/He shall further approve the appointment of the Polling parties as per Annexure V on the basis of nominations received from the Presiding Officers.

The proforma containing the appointment orders will then be sent back to Presiding Officers to get signatures of all the staff. One copy of the signed proforma will be sent

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to the Returning Officers to establish the service of appointment letters on all the members of the Polling parties.

Any officer who had been an office bearer of any recognised unions during the last six years shall not be deployed as Polling officer. A declaration to this effect shall be taken from each officer appointed as Polling officer. However in case of adequate number of officers not being available for polling duty, Returning Officer in consultation with Presiding officer may appoint an officer in relaxation of this condition.

10.ALLOTMENT OF ELECTION SYMBOL:-

The eligible participating Unions would be allotted a distinct ‘Symbol’ on which it is going to contest the election. The ‘Symbol’ should not have any resemblance to the symbols allotted to any political parties by Election Commission of India/ State Election Commission and it should not have resemblance to any religious or sectarian motifs/ideas. The union shall submit a declaration that the ‘Symbol’ chosen by them has no resemblance to any symbol allotted to the political parties by Election Commission of India/State Election Commission in the election being contested in their Zonal railway.

Further the choice of symbol for elections shall conform to the following principle:

(i) A union may use its established logo as its symbol, irrespective of the same, bearing pictures of any object concerning railways

(ii) The symbol may carry the name of the union/federation. (iii) The symbol that was used by the union in the last election, may be used,

provided it does not have any connection with railways. Thus a ‘bogie’ used as a symbol would not be permissible even if the same was used in last election by them.

The union might choose its own symbol or opt for one available with the Returning Officer. However the Union shall not choose symbols like engines, track, bogie, coaches, signal etc. which have close connection with the railways. The ‘symbol’ allotment would be done by the Returning Officer in the following manner if a union chooses to opt for the symbol available with her/him:

The SBEC has identified a list of secular symbols as mentioned in Annexure VI. The Returning Officer may screen out symbols which are being used as election symbols by any of the regional political parties and make the remaining symbols available to the trade unions on first come first basis. In case any of the symbols had been used by one of the contesting unions in the last elections then the union may be given preference in allotment of that symbol. In case of conflicting demands from two or more unions the decision of Returning Officer shall be final.

11. NOTIFICATION OF SECRET BALLOT ELECTIONS:-

The Returning Officer shall notify the decision to hold elections along with the schedule of the conduct of the elections as finalised by the SBEC widely,by putting up Notices at prominent places and uploading the same on the official website.

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12. FILING OF NOMINATIONS:-

12.1. The Union/s meeting the eligibility criteria as in para 1 above may apply in the Nomination Form as per Annexure VII to be obtained from the Returning Officerof the respective zonal railway administration before the last date for filing nominationas per schedule notified in the election schedule by the SBEC/Returning Officer.

12.2. Nomination papers signed by the General Secretary of the Union shall contain the following information/documents:-

i) a) Full name and address of the Union along with telephone numbers.

b) Names and addresses of the central office bearers with their designations in the Railways;

ii) A Self attested**photocopy of the accounts statement and annual returns for the previous year (2011) submitted to the concerned Registrar who has territorial control falling within the jurisdiction of the concerned Zonal Railway;

(** all self attestations to be done by General Secretary of the union)

iii) A Self attested copy of the Union’s Constitution;

iv) a declaration by the General Secretary of the union that all rules and conditions (updated) notified in chapters XXV & XXVI of IREM, Volume-II and Code of Discipline and Code of Conduct in terms of para 5 and 6 of the modalities are acceptable to them;

v) Self attested declaration by the General Secretary of the Union that they have read and understood the Final Modalities and Code of Conduct/Discipline applicable to holding of Secret Ballot and that the same are fully acceptable to them;

vi) A clear and unequivocal undertaking by the General Secretary of the Union that the results of the Secret Ballot Elections shall be binding on the Union;

vii) Self attested declaration by the General Secretary of the Union that the said Union has never discriminated on the grounds of religion, caste, language, region, gender or any other grounds prohibited under the law of the country;

viii) a declaration by the General Secretary of the Union that all information provided by the Union is correct and that in the event of same being found incorrect, the Competent Authority shall be free to take appropriate action as per Annexure III;

ix) Signatures of seven Railway employees who are members, with name, designation and posting station (subject to verification) supporting the filing of nomination by the union;

x) A No Dues Certificate regarding payment of all dues on account of office rent, electricity charges, water charges, telephone bills etc. for offices under their possession. This NOC should cover period ending 31.12.12. Railway administrations shall immediately raise bills, wherever they are due. Separate NOC may be submitted for each Division covering all facilities in its jurisdiction.

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In case there is any dispute about charges/bills to be paid by the Union, or in case of inability of administration to raise bills in time, a clear cut undertaking may be furnished by the Union to Railway Administration that the bill after settlement of disputes/raising of bills will be paid latest by 31.12.13. On the basis undertaking General Manager may permit the Union to contest the election. In such a case, the General Secretary will submit a declaration ( Annexure II) that the Union has paid all such bills where there is no dispute and/or an undertaking as specified.

A Union which is not in possession of any facility provided by the Railways, shall submit a declaration to this effect, which shall be treated as the No Dues certificate for that union.

13. SCRUTINY OF NOMINATIONS:-

i) All the nominations received from unions shall be scrutinized by the Returning Officer and a list of Unions found eligible to contest the election shall be drawn and displayed as per election schedule notified.

ii) The ineligible Unions shall be advised of the reasons recorded by the Returning Officer regarding ineligibilty, to enable them to make representation. The decision of the Returning Officer shall be final in this regard.

14. WITHDRAWAL OF NOMINATIONS:-

A Union declared eligible to contest the election can withdraw from the same by making an application duly signed by the General Secretary, which must reach the Returning Officer on or before the specified date notified in the schedule of election.

15. POLLING DATES AND TIMING:-

The elections shall be held simultaneously on all the zonal Railways continuously for three days (except as specified) from 8.00 hrs. to 18 hrs. Election schedule once announced shall be followed even if some holiday falls on the dates announced.

However in Metro Kolkatta, Workshops and Store Depots, which have concentrated staff and do not have issues of running staff, the elections shall be held only on TWO days, which shall be the first two days of election.

16. PRINTING OF BALLOT PAPERS:-

The Ballot Paper should be in a tabular format in with five columns as per format shown below.

SERIAL NO NAME OF UNION

ABBREVIATION IN ENGLISH

ABBREVIATION IN HINDI

ELECTION SYMBOL

1

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( The empty space for stamping has been removed as it led to invalidation of vote if the voter stamped on the symbol or name of the union instead of the allotted space. The voter may affix stamp on any column against any one union in the present design of ballot paper.)

Ballot Papers shall be got printed as per Article 3(3) of The Official Languages Act, 1963 by the Returning Officer mentioning the names of all the participating unions in an alphabetical order, each with a distinct serial number. Serial number will be available only on the counter-foil of ballot paper merely for accountal purpose. The total number of the ballot papers so printed along with their serial number shall be intimated to the contesting unions.

Ballot paper shall be printed in most confidential manner with greatest security using the facilities which are under contract with RRBs and RRCs, on single tender basis. Returning Officers shall have full authority in this regard.

Ballot Papers with running Serial Numbers according to the employee strength of the Zonal Railways shall be got printed and a replica of the Ballot Paper shall be prominently displayed by the Railway Administration on Notice Boards and uploaded on the website as per schedule specified.

17. POLLING BOOTHS :-

The decision about actual number of booths to be set up on each Railway will be taken by the respective Returning Officers. However, Polling Booths may be set up following the principle of one polling station for 900-1200 employees for units which have concentrated staff and for road side stations and gang huts, on the consideration that one does not have to travel more than 30-35 kms. Returning Officers/Presiding Officers may use their discretion in deciding the location of booths by striking optimum balance between administrative compulsions and voters’ concerns.

Each polling booth shall be supervised by a team of two Polling Assistants under the charge of a Polling Officer in gazetted rank. The polling stations/booths shall be set up near the premises where the workers normally work. There shall be no canvassing/influencing of any voter within 100 metres of the polling booth on the days of election. The Returning officer shall ensure that RPF personnel are deployed at each Polling station. In sensitive areas, armed RPSF Personnel may be deployed & assistance of the State Police may also be obtained as per need.

Suitable arrangements should be made at the booth for female voters and those who are physically challenged.

The polling booth shall be so set up that entire process, except for the secret part of vote casting by the voter, is fully visible to the polling agents from their seats.

No Voter, Polling agent, Polling Assistant and Polling Helper shall be allowed to use mobile phone/Camera inside the booth. Only the Polling Officer shall be authorised to retain mobile phone for urgent requirements.

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An insertion shall be made in all Voters’ lists that voters MUST switch off their mobile phones before entering the polling booth and notices to this effect shall be displayed prominently outside the booths.

18. BALLOT BOXES:-

Adequate number of Ballot Boxes will be provided for each polling station by the Returning Officer/Presiding officer with requisite stationery, sealing wax, Paper seal with serial numbers etc. and these would be sealed before the start of polling and after end of polling every day in the presence of Polling Agents of the Unions and the Polling Officer or his authorized representative. The Ballot Boxes may be borrowed from Chief Electoral Officer of the stateor neighbouring states, and in case of any shortfall, metal boxes used in RRB/RRC examinations may be used by making suitable modifications in it for insertion of folded ballot papers. If there is still a shortfall, then new boxes may be purchased.

Separate Ballot Boxes will be used for each day of voting. After each day‘s voting the boxes shall be sealed as prescribed and stored in a safe and secured room under proper lock and paper seal, bearing signatures of representative of the Polling Officer and RPF staff. The seal of the room shall be opened only for storing the next day’s voting box in the presence of concerned persons and sealed once again following the same protocol. The Polling officer or an officer specifically nominated for this purpose shall be the custodian of the boxes. RPF/RPSF Guards shall be deputed for the security of ballot boxes. At the end of three days voting process the Polling officers shall make secured arrangement for safe transportation of the ballot boxes to the Presiding Officer for counting of votes.

Similar storage and security arrangements shall be made by the Presiding officer (ADRMs/CWMs) when sealed ballot boxes are received from the Polling officers at the end of voting process.

Place identified for storage of ballot boxes, shall be notified by concerned Returning Officer/Presiding Officer well in advance.

19. POLLING AGENTS:-

Each contesting Union will nominate two Polling Agents (only one to be present at a time) for each polling booth. The polling agents must be regular employees of the concerned Zonal Railway. The Polling Agents shall carry their identification proof to establish their bonafides. These Agents shall be shown empty ballot boxes before commencement of polls and boxes shall be locked and sealed in their presence. The Polling Officer shall take signature of Polling Agents as a token of their having witnessed locking and sealing of ballot boxes. The Polling Agents may remain present throughout the polling; however their absence shall not hold up the election processes.

To rule out situations of counting agents of any union not recognising the signature on the sealed ballot box, it is suggested that the Trade unions may provide sample signatures of their polling agents for all booths to the Presiding officer.

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Two polling agents per booth per day of polling shall be entitled for special casual leave on behalf of each union.

20. POLLING PARTIES AND THEIR RESPONSIBILITIES:-

The vote casting process shall be supervised by Polling Officers assisted by Polling Assistants. Railway employees working as Personnel Inspectors/Welfare Inspectors and other inspectorial/ministerial staff shall be deployed as Polling Assistants. Assistant/Senior scale officers shall be deployed to work as Polling Officers.

Each ballot paper should be signed in ink on the top by the concerned Polling Officer of the polling booth.

The Polling party shall be responsible to set up the booth in a manner which does not make the voters uncomfortable while awaiting for their chance to vote and allows proper secrecy for the actual vote casting process. Adequate sitting arrangement for Polling agents shall be made.

21. POSTAL BALLOT SYSTEM:-

Postal Ballot shall be permitted only for employees

(a) who are deployed for secret ballot election duty; (b) those who are deputed to various training programs at different divisional/zonal

and other training centres. (In this regard letter has already been sent to all Railways to ensure that training programs during the election week are kept to the minimum so that maximum number of employees are available on their working posts and are free to cast vote); and

(c) those who shall be away on train running/escort duties during the dates of polling.

I. The following steps may be followed for arranging postal ballots for employees on election duty:

a. The persons to be deployed for election duty may be identified well in advance, with reasonable number of reserve candidates.

b. All such persons may be provided with a form as per Annexure VIII for requesting postal ballots, and their Requests must be obtained, if they wish to cast postal ballot.

c. On the basis of such request the employees shall be provided with postal ballot along with a self addressed envelope - addressed to the Returning officer.

d. The employee may cast her/his vote in a confidential way and send the sealed envelope containing the ballot paper to the Returning officer so as to reach her/him latest by 27.04.13 ( 5.00 pm)

e. The Returning officer shall account for all such postal ballots separately and add them with the votes cast at the polling booths. The result shall be declared after counting votes by both the methods together.

II. The following steps may be taken for arranging postal ballots for employees on training:

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a. Returning officers shall arrange to deliver either directly or through the Presiding

officer, adequate numbers of forms as per Annexure VIIIat all training centres under their jurisdiction so that all trainees may be able to apply.

b. The completed forms shall be sent to Presiding officer who shall forward them to respective Returning officer after confirming the bonafides of the trainees requesting for postal ballot.

c. On receiving the confirmation Returning officer shall arrange to send postal ballots for each eligible candidate in sealed envelope to the Head of the training centre either directly or through the Presiding officer, who shall arrange to have them delivered to the trainees under clear signature of receipt.

d. The trainees shall cast their vote under complete confidentiality and send it by post to the Returning officer so as to reach her/him before the last date.

III. The following steps may be taken for arranging postal ballots to staff who are likely to be away in connection with train running duties during the duration of the polling dates:

a. Presiding officer shall issue guidelines to decide well in advance the names of persons who shall be deputed for train running duties (with suitable number of reserves) on the dates of polling, because of which they are likely to miss the opportunity to cast their vote.

b. Such persons would be required to apply for postal ballot as per Annexure VIII. c. On the basis of their requests and confirmation of bonafides by Presiding officer

the Returning officer shall issue postal ballot in sealed envelope and have it delivered to them through the Presiding officer.

d. The employees shall cast their votes in absolute confidentiality and send it by post to reach the Presiding officer before the last date.

PROCEDURE FOR ISSUE AND CASTING OF POSTAL BALLOT

i. Postal Ballot Papers must be delivered/despatched by 16.04.13 by respective

Returning officer/Presiding Officers. List of such persons in favour of whom postal

ballot is issued may be put on website.

ii. The words “Postal Ballot Paper” shall be stamped below the words “Secret Ballot

Paper-2013” appearing in normal ballot Paper;

iii. The name of voter as entered in marked copy of electoral roll should be noted on

counter-foil of Postal Ballot Paper and then Postal Ballot Paper detached from the

counter-foil;

iv. The letter “PB” should be written against the entry of electoral roll without

indicating the serial number of Ballot Paper issued;

v. Counter-foils of Postal Ballot Papers issued should be sealed in a separate packet and

brief description of the contents with serial numbers of the ballot papers dispatched

to employees and date on which the packet was sealed should be indicated;

vi. One self addressed and self stamped envelope for return of ‘Postal Ballot Paper’

should also be sent to the employee along with ballot papers. This envelope should

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be put inside the larger cover along with Postal Ballot Paper and the large cover shall

be addressed to the voter;

vii. The cover containing ‘Postal Ballot Paper’ and ‘return envelope’ should be

dispatched through speed post/registered post. The voter can also collect it

personally from the concerned Presiding Officer;

viii. Postal Ballots should be sent back to the Returning Officer’s office so as to reach

latest by 27.04.13. Postal Ballots received after 27.04.13 shall not be entertained

and will be treated as ‘invalid vote’;

ix. Returning Officer will not be responsible for any postal delay or postal losses;

x. The number of Postal ballot Papers received should be duly entered in the register

maintained for the purpose;

xi. Postal Ballots shall be counted in Returning Officer’s office in presence of ‘Counting

Agents’ of unions on 02.05.13.

xii. All postal movements of postal ballots may be done through Speed post/Registered

post to ensure firm and timely delivery.

22. SHORT LEAVE/PERMISSION FOR CASTING VOTE:-

Staff should be spared invariably to enable them to cast vote by allowing short leave. The Controlling Supervisor shall decide the extent of short leave which should be sufficient to allow the staff to cast his/her vote and return to duty. However, a judicious approach is required to ensure that crucial and sensitive train operations work does not suffer. It is for this reason that voting has been allowed on 3-day basis in such cases to ensure that all can vote without affecting train running.

The Supervisor In-charge shall decide, the duration of short leave to Gangmen, Construction staff and Track Machine Organization keeping in view local conditions staff. To ensure smooth voting by such way side working staff, Returning officer and Presiding officer shall hold due consultations with Heads of these organizations and identify voting booths which are in close proximity to their work place.

23. PROCESS OF CASTING OF VOTE :-

At the time of polling, the Polling Assistant will first establish the identity of the voter with the help of her/his photo I card. Then he shall score out the name of the voter from the master copy of the Voters’ list and put a mark with indelible ink on the voter’s left index finger and advise her/him to procure the Secret Ballot Paper from the Polling Officer. He shall also demonstrate to the voter the way to fold the ballot paper after stamping.

The Polling Officer shall again satisfy himself regarding the voter’s identity by rechecking the Identity Card and hand over One Ballot Paper as per serial number to the concerned employee after affixing his signatures on the reverse side of the ballot paper. The signatures of the employee casting the vote shall also be obtained on the counterfoil of the Ballot Paper. The employee will cast her/his vote by putting a stamp mark on the ballot paper in a separate enclosure kept in polling booth for this

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purpose. The stamp has to be put against the symbol of the union for which the voter wishes to vote. The voter shall fold the ballot paper thereafter and put it in the ballot box in the presence of the Polling Officer/Polling Assistant who shall ensure that the Ballot Paper is properly inserted in the box.

24. RECORD OF ELECTION PROCEEDINGS:-

At each polling booth, a register (proforma at Annexure IX) shall be maintained wherein the entire proceedings followed during the election shall be recorded. Such entries shall be signed by the Polling Officer & Polling Agents of the respective Unions.

25. REPOLLING:-

If a complaint is received from any union or some credible source regarding large scale electoral irregularity at some booth then the Presiding Officer shall hold an instant inquiry. On the basis of inquiry report and after holding consultation with the Returning Officer, the Presiding officer may order to conduct Re-polling at the said booth on the following day. Intimation of this decision shall be conveyed to the controlling authorities of all units for which the booth was set up. The controlling authorities in turn should arrange to put up Notice immediately and spare the voters to cast their votes again.

For Repolling the unused Ballot papers if available may be used, failing which additional ballot papers may be called for from the Returning Officer.

26. CLOSE OF THE POLLING:-

After the close of the polling, the Polling Officer shall furnish detailed Ballot Paper account in the prescribed proforma (Annexure X) indicating total Ballot Papers received, Ballot Papers used, unused Ballot Papers available etc. to the Presiding Officer. The sealed boxes shall then be collected and carried with adequate security to the place identified by the Presiding Officer who shall take over the custody of these ballot boxes.

27. COUNTING OF VOTES:-

The Ballot Boxes shall be opened in the presence of the Presiding Officer and authorized Polling/ Counting Agents of the Unions. If the authorized Polling or Counting Agents of any Union do not present themselves at the appointed time & place during the polling or at the time of counting of votes, it shall not invalidate the election or counting process and the polling & counting shall proceed as per schedule.

The Presiding/Assistant Presiding Officer shall grant special Casual Leave to adequate number of Counting agents for the counting of votes.

28. INVALID VOTES:-

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The Ballot Paper will be considered invalid when:-

i) Mark is put against more than one Union/Symbol; ii) Mark is put on the divider line in such a manner that less than two third of the stamp impression is made against any one Union/Symbol. Thus if the stamping is done in such a manner that more than two third falls on any one symbol/union name then it is to be treated as valid. iii) The Ballot Paper contains any doubtful indication like name of the voter, his signature, any form of written message, etc. In case of any dispute, decision of Presiding Officer will be final. 29. ELECTION REPORT:-

A statement, as per Annexure XI duly signed & certified by the Presiding Officer shall be dispatched in a sealed cover to the Returning Officer through Fax/or Special Messenger on day of counting itself.

30. UNUSED BALLOT PAPERS :-

The unused Ballot Papers will also be forwarded on the last day of poll to the Returning Officer via the presiding officer for retention & record.

31. COUNTING & DECLARATION OF FINAL RESULT :-

All sealed covers received from Presiding Officers containing election report & Postal Ballots received will be opened by Returning Officer in the presence of Union representatives to prepare & compile final election result (Proforma at Annexure XII). The result shall be declared according to the Union name/Symbol of the Zonal Railway.

Any dispute regarding elections/counting of votes shall be raised before the Returning Officer on the last day of the election/before declaration of result. After expiry of this period, the result declared by the Returning Officer of the Zonal Railway shall be treated as final.

32. EXISTING FACILITIES TO UNIONS:-

Certain facilities have been provided to the recognised unions. In order to provide level playing field to all contesting unions the recognised unions which are in possession of any railway facilities such as office premises provided free of rent under PREM(CEG), telephone, card passes etc. are barred from using them for their electoral purposes. Violations of these instructions shall be treated as corrupt election practices and violation of Code of Conduct. The onus shall be on the unions to prove that such facilities have not been misused.

The railway administration shall not hold any PNM or formal meeting with the recognised union after notification of the election.

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33. Within the overall frame work of the Modalities decided/notified, SEBC/ or the Returning Officer will have the authority to issue necessary clarification, administrative instruction, without changing the spirit and tenets of these Modalities for administrative convenience.

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