Q.1. Why LEADERS?
Ans. Welfare Association for Leading and Encouraging Atomic Department Employees to a Responsive Society (LEADERS) was formed primarily to organise, the members (present staff and ex-staff) of DAE units throughout the country, under a common bond of fellowship and foster among them a spirit of co-operation.
This way, it provide a common central platform, for sharing information. It gives us an opportunity to share the failures and successes of our fellow colleagues serving in different parts of the country.
There are many organisations of DAE, especially in remote locations, which do not have its own associations and therefore, the staff serving their is deprived of access to many facilities including proper grievance redressal system.
Q.2. What gives us the right to form such Association?
Ans. Article 19 (1) (c) of the Constitution of India 1949 gives, to the citizens of India, a right as a Fundamental Right, to form associations or unions. (https://indiankanoon.org/doc/1142233/)
Q.3. What is the difference between “Welfare Association” and “Service Association“?
Ans. Any non-profit Association formed with the purpose of carrying out welfare activities for its members is known as Welfare Association. A welfare association can be registered under: (1) The Indian Societies Registration Act, 1860; (2) The Indian Trusts Act, 1882; (3) The Section 8 of the Companies Act, 2013 (earlier it was Section 25 of the Companies Act).
Any welfare association that is: (1) registered under The Indian Trade Unions Act, 1926 (primarily in case of industrial units, but is not restricted to them only); or (2) recognised under Central Civil Services (Recognition of Service Association) Rules, 1993; is termed as “Service Association“. Both these registration and recognition grant certain rights and privileges to the Associations, when negotiating with the employers.
Q.4. Why then LEADERS is formed as welfare association and not as service association?
Ans. A service association does have certain rights and privileges, but at the same time they are also restricted in many ways. Welfare associations are free to do anything within the framework of registered bye-laws, provided that the acts are not antithesis to the Constitution of India, 1949.
Welfare associations are more free than Service Associations. Freedom is always a better option than having rights are privileges, because they always come with conditions.
Scope of service association is restricted in terms of area of operation, activities it can carry out, restriction on the type of members (only serving individuals can join, etc).
Considering all the facts, pros and cons, it was decided to form LEADERS as a Welfare Association.
Q.5. I am already a member of Service Association (like AARCO, BARCOA, AEEA, NFAEE, etc.), can I still join LEADERS?
Ans. Yes. An individual can join only one service association at a time, but can join as many Welfare Association as he decides to, provided that it is not affecting adversely his official duties.
Q.6. Please state whether Government servants are barred to join associations, as its member, as per Section 6 of Central Civil Services (Conduct) Rules, 1964.
Ans. The Section 6 of the Central Civil Services (Conduct) Rules, 1964 says that: “Government servant shall not join or continue to be a member of, an association the objects or activities of which are prejudicial to the interests of the sovereignty and integrity of India, or public order or morality.“
Accordingly, there is no bar on joining of Government Servants to the associations working as per the Constitution of India.
Q.7. Whether advance permission of the employer is required to join LEADERS as its member?
Ans. No. No permission is required to join welfare associations formed by employees for employees.