The Joint Secretary Date - 29th April, 2018
DESW
New Delhi
Dear Sir,
REQUEST TO DELETE DISCRIMINATORY INSERTIONS TO RECOGNISE EX-SERCEMEN ASSOCIATIONS IN YOUR LETTER NO.28(86)2017/D(Res-1 dated 6 Mar,2018
We are the veterans of AFVAI (Armed Forces Veterans Association of India) formed of ex JCOs , Ors and honorary commissioned officers to look into the welfare measures of ex-servicemen and registered under Society Act 1860 Registration No- society west-2016-8901939.
It is honourably submitted to your good self that we have gone through the newly introduced guidelines called “INSERTIONS” to form ex-servicemen associations mentioned in your Letter NO.28(86)2017/D(Res-1 dated 6 Mar,2018 addressed to DGR and the letter is an extension to the Ministry’s letter No.9(37)92/US(WE)/D(Res) dated 31.01.1996. After profound reading and reasonable interpretation and analysis, we have come to this conclusion that the revised guidelines are vague, discriminatory, irrational, impractical and even obnoxious only intended to thwart ex-servicemen to form associations to raise their genuine problems and grievances to the Competent Authority and to the Govt. of India through proper channels such as MOD, DESW and KSB. Some of the guidelines are very clear and they were very much in existence due to the Society Registration ACT, 1860 under which AFVAI has been formed and this Association has been raising genuine grievances of the community reasonably restraining itself to a well defined level of decorum and decency in respect of language, tone and manner. AFVAI has its Charter, its Constitution/bye laws, has Pan India Presence, and performs its duties as per the Charter of its adopted Constitution/bye laws.
The revised guidelines as per the above-mentioned letter are full of contradictions and do not motivate to form associations to raise alarming grievances of ex-servicemen and widows but they seem to be discouraging and thwarting the very aim of forming associations. The ex-servicemen are annoyed and have expressed their anguish against the “INSERTIONS” which are intended only to deprive us of our constitutional rights. We would like to mention some of the newly introduced guideline as “EXTRANEOUS” and “SUPERFLUOUS”. Let us analyze and dissect these new guidelines in the light of feasibility and practical approach as per the conditions placed from Para 1 to 7 including its section and sub sections. We are mentioning only those guidelines which are impractical and against the ethos of democratic and constitutional values.
Let us read 1(b) and 1(n) together. The association should have “MINIMUM” membership of one lakh and relaxation is granted to associations exclusively of Air Force and Naval Veteran as being minimum ten thousand. Read the line in 1(n)”The composite Associations representing ex-servicemen of three services should have a balance of tri service representation and also balanced representation of all ranks i.e. officers, JCOs, ORS and equivalent ranks of Air Force and Navy.”
EXPLANATION SOUGHT
Sir, we are surprised to see these new guidelines inserted through this letter. The condition of one lakh members for recognition is astronomical and impractical especially for those newly raised associations. It is totally unconstitutional and against the spirit of Society Registration Act, 1860. We request the writer of these guidelines to read the Society Registration Act, 1860 as to the requirement of members to form associations and the Society Registration Act ,1860 has been enacted in the parliament and duly endorsed in many cases by the Honourable Supreme Court.
Any prescription for numbers of members to form association beyond the Society Registration Act. 1860 is arbitrary, whimsical, unconstitutional and intended only to thwart the efforts of honest organization such as AFVAI exclusively composed of PBOR and others to raise the genuine demands of veterans. We have concluded that these guidelines are nothing but “HANDIWORK” OF our Army officers serving and retired and beaurocrats posted in MOD and DESW so that we may not raise our real concerns in respect of “EQUAL MSP, IMPLEMENTATION OF SLAB BASED SYSTEM ALONGWITH PERCENTAGE BASED SYSTEM FOR DISABLED SOLDIERS, RATIONALISATION OF PAY MATRICES IN RESPECT OF SEPOY GP X AND NB SUB GP X WHO ARE SHORT FIXED AT THE INITIAL LABEL AND PUBLICATION OF ONE MAN JUDICIAL REPORT.
Sir, just see the contradiction in your guidelines that the Association must be composed of members from tri services having officers, JCO, OR on Pan India basis and equivalents of Air Force and Navy but side by side allowing separate association for Air Force and Navy giving relaxation in membership. It seems this clause is inserted to save some associations and discourage association like AFVAI which is gaining popularity and has become an eyesore to some of the officers who were enjoying monopoly on PBOR and reaping the fruits of benefits for themselves on the strength of PBOR.
STRONG OBJECTION
We, the office bearers and GB members of AFVAI strongly object to the stipulation that the Association must comprise of officers, JCO and OR and equivalent ranks in the Air Force and Navy due to the reasons enumerated below:-
1. There is no such rule or stipulation in the Society Registration Act 1860 passed by the Parliament.
2. AFVAI has its own Charter and very vocal and conspicuous that it is only for PBOR including Hon Capt and Hon Lt.
3. Historical facts show that officers whom we trusted have miserably failed in safeguarding our interests and welfare measures and have only manipulated our strength to pressurize Govt. to get theirs interests realized.
4. We are competent enough to raise the grievances of PBOR to the competent authority.
5. The DGR is related to rehabilitation and resettlement of retired soldiers but not with the task of screening applications of Association for recognition.
6. Any rule or stipulation beyond the sanction of Parliament as it is in the case of Society Registration Act 1860 is ultra vires and will face opposition not ruling out legal options.
7. This stipulation is perceived as an attempt of influential and manipulating forces to weaken the emerging image and reputation of AFVAI by inserting officers in the Associations meant only for PBOR.
8. We are of the opinion that inclusion of officers is envisaged only to contain and control the free citizens after military service and thereby create a virtual environment of fear and intimidationcreeping into the hearts of law abiding veterans.
REGISTRATION OF STATE CHAPTERS AT STATE LEVEL
It is ridiculous that an association registered at National Level under the Act 1860 needs its State Chapters registration at State Level. It is no where mentioned in the Act. This guideline is arbitrary, malicious, superfluous and subjective. It only shows that the framer of these guidelines need correct knowledge of the Act. Kindly delete this guideline from this letter.
FINANCES OF ASSOCIATION
A registered Association has a legal entity and it can sue and can be sued in its name. The Society Registration Act 1860 empowers the Chairman toaugment the financial sources of Association by various ways to serve the needs of its members. It allows the Chairman to increase its funds by admission fee, Subscriptions, donations & special contributions. He is authorized to take even loan on its assets from bank and other financial institutions. YOUR GUIDELINES ALLOWING FUNDS ONLY THROUGH MEMBERSHIP FEES IS UNWARRANTED AND AGAINST THE SPIRIT OF THE ACT, 1860. Kindly, delete this provision from this letter.
Kindly be impartial and follow the tenets of the Society Registration Act, 1860 and let the PBOR enjoy their fundamental rights and democratic benefits after having served the nation for so many years.
Sir, we are veterans and fully believe in constitution and democratic values. We are “APOLITICAL” in the sense that we are not a threat to the National safety and security. We do not believe in forming political, religious, social, cultural, linguistic or communal groups to destabilize the integrity of our nation. We give you assurance that we are disciplined and respectful in respect of our language and behaviour.
Sir, our disciplined composure must not be taken for granted as it was taken by the Congress Party in respect of OROP for 45 yrs and we had taken full political decision to support NDA in Rewari Rally and when felt that we were being defrauded by the NDA Govt. we took large scale decision to stage “Dharana and Hunger “strike at Jantar Mantar. During this episode of OROP agitation, we were supported by many political parties. We cannot be called political if we take support of some political stalwarts to get our genuine problems solved through their pressure when these problems are not solved at the level of DESW and MOD.
SIR, WE ASSURE YOU THAT WE WILL COMPLY YOUR GUIDELINES BARRING A FEW CONTRADICTORY AND UNCONSTITUTIONAL GUIDELINES IN THE ABOVE LETTER. WE TAKE THIS AS AN OPPRTUNITY TO REQUEST YOU TO DIG OUT OUR LETTERS LYING DUMPED IN YOUR OFFICE FOR SO MANY MONTHS IN RESPECT OF EQUAL MSP, PROTECTION CLAUSE IN DISABILTY ELEMENT BY INTRODUCING SLAB BASED SYSTEM ALONGWITH PERCENTAGE BASED SYSTEM, CORRECTION IN PAY MATRICES IN RESPECT OF SEPOY GP X AND NB SUB GP X IN 7 CPC AND OTHER ISSUES RAISED WITH YOU. KINDLY DO HONOUR YOUR OBLIGATION TO PUBLISH JUDICIAL COMMISSION REPORT TO MAKE US OBLIGED TO YOUR GUIDELINES.
Sir, we are surprised to see that your letter debars individual problems raised to you and would you sir let us know how the individual problems will be raised to your level.
Sir, we request you to delete those guidelines from the letter mentioned above, which are inconsistent with the Society Registration Act, 1860 and simultaneously request you to attend our genuine grievances lying with you so that we may remain apolitical and reasonable. Sir, Our Honourable President OF DAC (disciplinary Action Committee) of AFVAI call these guidelines as “Unconstitutional and an attempt to restrain civil freedom after retirement” when we are behaving lawfully and our one honourable Vice President from Maharashtra calls the one lakh membership as “ Astronomical” and the same can be projected dishonestly by dishonest persons. We are unable to comment on all points due to lack of space and for fear of our letter being lengthy.
In view of the above, it is requested to consider the views of veterans and amend the guidelines accordingly after rescinding the objectionable portions.
Thanking you sir
Yours Faithfully
Hon Nb/Sub G S SIDHU
Chairman AFVAI
Mob - 9810233443
Nb/ Sub DIWAN SINGH
Gen Secy AFVAI
Mob - 9811522783
