Secret Ballot Election, SBE, NORMS OF RECOGNITION OF TRADE UNION/(S) AND TENURE

Secret Ballot Election

SBEs have been held on previous occasions in Nov.-Dec.,2007 and Mar.-Apr. 2013.

1. TU should be registered under the Trade Union Act, 1926, for at least one year as on 31.12..year before election.......... (i.e. date of registration should be on or prior to 01.01....year before election....). 
2. It must represent the interests exclusively of all Non-Gazetted Railway servants (i.e. not of any category/cadre/section etc of Railway Servants) of the Zonal Railways concerned. 
3. TU must submit a copy of “Certificate of Registration” of Trade Union issued by ‘Registrar of Trade Unions’ as per section 9 of the Trade Union Act, 1926. Copy should be self-certified by the President or General Secretary of the TU concerned. 
4. If a TU is registered within the geographical jurisdiction of a ‘Zonal Railway’ as notified under Section 3 of the Railways Act, 1989, that particular TU would be deemed to meet aforementioned condition for that particular Zone(s).For example, if a TU is registered in Kolkata, it can file nomination in ER, SER and Metro Railway Kolkata but in no other Zone(s). 
5. TU should submit “No-Dues Certificate”, obtained from the Railways’ departments concerned, for having paid all basic charges/bills on account of Office Rent, Electricity, Telephone and Water, due till 31.12.year before election.
6. TU should have submitted a refundable Security Deposit of ₹ 1,00,000/- (one lakh only), along with nomination papers, by way of either (i) Demand Draft drawn in favour of FA & CAO of the Zonal Railway concerned or, (ii) Money receipt obtained from Cash Office of the Zonal Railway concerned. 
7. In case a TU fails to secure at least 5% [No rounding off permissible] of the total valid votes polled in SBE-year, full security deposit would be forfeited.
8.  RAILWAY SERVANTS SHALL BE ELIGIBLE TO VOTE IN SBE:
9. All Non–Gazetted Railway Servants (Group ‘C’ inclusive of erstwhile Group ‘D’), serving as on 01.07.year before election. 
10. Substitutes with Temporary Status, serving as on 01.07.year before election. 
11. Non–Gazetted Railway Servants, who are serving on deputation, as on 01.07.year before election. 
12. Non–Gazetted Railway Servants on deputation, as on 01.07.year before election, to Railway Electrification (RE)/Construction projects or any other project where cadre has not been closed. 
13. Railway Servants in (-1S) Pay Band (if any), serving as on 01.07.year before election.
14. Non–Gazetted Railway Servants, serving as on 01.07.year before election, in Training Centres/Schools and Railway Schools/Colleges, who are permitted to be members of TUs. 
15. Ministerial/clerical Railway Servants serving, as on 01.07.year before election, in the RPF/RPSF establishment but not belonging to RPF/RPSF cadre and who are NOT governed by the Railway Protection Force Act, 1957.
16. RAILWAY SERVANTS NOT ELIGIBLE TO VOTE, CASES OF TRANSFER & IDENTIFICATION OF VOTERS
17. (a) Substitutes without Temporary Status, Casual/Contract labour and those engaged on daily wage basis. 
18. (b) Such Academic staff, which are not permitted to be members of the TUs, and borne on the rolls of Training Institutes/Centres and Railway Schools/Colleges. 
19.  (c) A Railway Servant, who is promoted and has assumed charge of a Group ’B’ post on or before the date of polling.
20. (d) A Railway Servant, who has superannuated or pre-maturely retired or voluntarily retired or compulsorily retired or dismissed or removed or resigned or is no more, on or before the date of polling.
21. (e) RPF/RPSF personnel governed under Railway Protection Force Act, 1957.
22. (f) Newly-recruited staff i.e. those who (i) are yet to join a post in Railways and; (ii) are getting training as Trainees as on 01.07.year before electionand; (iii) are in receipt of Stipend (i.e. not in regular pay scale/pay matrix).
23. CASES OF TRANSFER (a) Names of Railway Servants, whose transfers are carried out after publication of Voters’ list, shall stand deleted/deemed to be deleted from the original Voters’ list. However, names of such transferred Railway Servants shall be added to the Voters’ list at her/his new station of posting. This should invariably be ensured by the Presiding Officer/ immediate controlling officer/ supervisor under whom the Railway Servant assumes duty. 
24. NORMS OF RECOGNITION OF TRADE UNION/(S) AND TENURE:- 
25. (a) TUs securing 30% or more of the number of ‘Total Electorate’ of Zonal Railway shall be considered for recognition. Note: ‘Total Electorate’ means total number of Railway Servants eligible to vote on polling dates in a Zonal Railway, as published in Final Voters’ list. 
26. (b) In case only one TU secures 30% or more of ‘Total Electorate’ and some other TU [securing next maximum number of votes (i.e. runner-up) of the ‘Total Electorate’] secures 35% or more of the “Total Valid Votes Polled” (i.e. TVVP), both TUs shall be considered for recognition. Note: In case there are two runners-up securing equal number of TVVP (while also securing 35% or more of TVVP), only one of the two runners-up TUs shall be considered for recognition (apart from the winner securing 30% or more of the Total Electorate) on the basis of draw of lots. 
27. (c) In case situations as stipulated in preceding sub-sections (a) and (b) do not arise, two TUs securing 35% or more of the TVVP shall be considered for recognition.
28. (d) In case situations as stipulated in preceding sub-sections (a), (b) and (c) do not arise, the TU securing maximum number of TVVP shall be considered for recognition provided it secures 20% or more of the TVVP.
29. (e) If no TU secures at least 20% of TVVP, none of the TUs shall be considered for recognition.
30. (f) Recognition of TU shall normally be valid for six years from the date of grant of recognition by the General Manager. Secret Ballot election for the purpose shall normally be held every six years.
31. (g) The recognition so granted, can be withdrawn/suspended by the General Manager for any justifiable reason, after issuing a show-cause notice and after passing a speaking order. 
32. (h) The existing recognized TUs and their Federations shall continue to remain as recognized (subject to conditions, if any) till a fresh election process is completed.
33. All the contesting TUs must furnish in writing that they shall observe the “Code of Discipline”.
34. Chapters XXV and XXVI of “Indian Railway Establishment Manual, Volume-II” (IREM-II) deal with the rules for (i) recognition of Unions of Non-Gazetted Railway Servants; and (ii) Conditions precedent to recognition of the Unions and (iii) Negotiating machinery for dealing with disputes between Railway labour/staff and Railway Administration etc.
35. Campaigning within 100 metres of polling booths and holding public meetings during 48 hours prior to the start of the polling is not permitted.
36. Contesting TU must obtain prior permission of the Railway administration for holding a Gate Meeting during lunch hours. However, no Gate meeting will be allowed within 48 hours of the date of polling.
37. Grant of gifts, cash etc. is strictly prohibited.  
38. Secret Ballot Election, at Zonal level, shall be held under the overall supervision of the respective ‘Principal Chief Personnel Officers’ (PCPOs i.e. either in the rank of PHOD or CHOD or whoever is discharging the duties of the post of PCPO) of the Zonal Railways who shall be the “Returning Officer” (RO) for the respective Zonal Railway (Since ROs are nominated on ex-officio basis). ROs shall be assisted by one “Additional Returning Officer”(ARO) who will be an SAG/SG officer at Zonal level to be appointed by the respective RO.
39. At Zonal Hqrs/Divisional/Workshop/Extra-divisional Unit (EDU) level, ROs shall appoint “Presiding Officers”(PO) for each of these units. POs can be either CPO (for Hqrs), ADRM(for Divisions), CWM/Head of Workshop(for Workshops) and an appropriate SAG level Officer(for EDUs). These POs shall appoint “Assistant Presiding Officers” (Sr.DPO/DPO/ Dy.CPO/SPO/Any other Officer).
40. POs shall also appoint Polling Teams comprising Polling Officers (either Gazetted or Senior Sub-ordinate) and Polling Assistants/ Polling Helpers of appropriate levels.
41. It should be ensured that Polling Officers/Polling Assistants are not serving as present office-bearers of any contesting TU.
42. Moreover, any official who had been an office bearer of any recognised TU during the last six years (preceding date of notification of SBE) shall not be deployed as Polling Officer/Polling Assistant/Polling Helper. A declaration to this effect shall be taken from each official appointed as Polling Officer/Polling Assistant/Polling Helper.
43. A TU may choose its own symbol or opt for one which is available with the Returning Officer. However, it cannot choose symbols like Engines, Track, bogie, coaches, signal etc. i.e. which have close connection with the working of Railways. A TU may use a symbol that was used by it in the previous election, provided that that the chosen symbol does not have/bear any connection/resemblance with Railways. For example, a ‘Bogie/Coach/Locomotive/Track etc’ used as a symbol would NOT be permissible even if the same was used in previous elections by such TU.
44. The ‘Symbol’ should not have any resemblance to the symbols allotted to any political party by “Election Commission of India” or by “State Election Commission” in the States served by Zonal Railway concerned. 
45. It should not have resemblance to any religious or sectarian motifs/ideas. 
46. No two contesting TUs shall be allotted similar looking symbols. Whether two symbols are similar looking or not shall be decided by the Returning Officer, whose decision shall be final.
47. Ballot paper shall be printed with distinct running Serial Number in accordance with the staff strength of the Zonal Railways concerned and in confidential manner. Services of RRB/RRCs may be used for the purpose of confidential printing. It may be ensured that the Ballot Paper, so printed, conforms to relevant and extant provisions of “The Official Languages Act, 1963”.
48. Voters do not have to travel for more than 30-35 kms.in order to vote.
49. Suitable arrangements should be made at the Polling Booth for female voters and also for those who are covered under “The Rights of Persons with Disabilities Act, 2016.”
50. Two Polling Agents of each contesting TU, per booth per day of polling, shall be entitled for “Special Casual Leave”.
51. If a complaint is received from any contesting TU or some credible source regarding substantial electoral irregularity at some Polling Booth, the Presiding Officer shall hold an instant fact-finding inquiry. On the basis of inquiry report and after holding consultations with the Returning Officer, the Presiding officer may order to conduct Re-polling at the said Polling Booth on the following day.
52. The Ballot Boxes shall be opened in the presence of the Presiding Officer and “Authorized Counting Agents”(ACA) of the TUs. The number of ACA should not be more than four per contesting TU, to be authorized by the Presiding Officer on the recommendation of contesting TUs. 
53. Unused Ballot Papers will also be forwarded on the last day of poll to the Returning Officer through the Presiding Officer for retention (up to 2 months) & record.
54. Fine :
55. up to Rs.10,000/- on Trade Unions -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, Lodging false/incorrect complaint against another Trade Union. 
56. up to Rs.20,000/- levied on Trade Causing damage to Railway Property in course of canvassing by defacing/spoiling.
57. All officials 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.
58. Misconduct in the polling station or disobedience of directions of the polling officer. 
59.  OFFENCES LEADING TO DISQUALIFICATION - Promoting feeling of enmity or hatred on grounds of religion, race, caste, community or language amongst different classes/ categories of Railway Servants.
60. Filing of false affidavit/undertaking, or concealing any information in the affidavit filed by the TRADE UNION.