CONSTITUTION BHARTIYA MANAVADHIKAAR FEDERAL PARTY

Transcription

1 CONSTITUTION OF BHARTIYA MANAVADHIKAAR FEDERAL PARTY Preamble Article 1: Aims of Party The Aim of the party shall be to make all round development of India in the political, economic, industrial, social, culture, agricultural, sectors, and to establish India as global power keeping in view the multilingual, multifaceted, multiethnic, rich culture and heritage of India. Article 2: Objects of the Party a. The Party shall bear true faith and allegiance to the Constitution of India as by law established and to the principles of Socialism, Secularism, and Democracy and would uphold the sovereignty, unity and integrity of India; b. To eradicate illiteracy, poverty & justice and cause upliftment of the downtrodden by ensuring social equality, awakening of the masses by peaceful means, movement and participation in the lawful electoral process. c. To promote and built National Integration, Communal Harmony, Universal Brotherhood and Global Peace, protect Human Rights and Fundamental Freedom for all without any discrimination of race, religion, caste, color, sex and language. d. To impart quality education and training in the field of Environmental and Technology, and to make people aware of depleting environmental resources like water and conventional energy, Green Technology sources and encouraging them to use non-conventional sources of energy, and to increase knowledge of flora and fauna by means of lectures, field trips, literature and expeditions. e. To understand the connection between human settlements and rivers, and to promote & protect environmental and wildlife awareness at all 1

2 level by producing Books, Literatures, basic educational and reference material on environment. f. To work for youth development through various ways of providing them proper employment, training and motivational orientation for mobilizing youth-power for the development of the country. g. The Party is committed to work in developing higher education in the field of Engineering, Information Technology, Science & Management, or other related fields for the benefit of downtrodden and weaker sections of people. h. The Party believes in blend of knowledge and values through Educational Process, and to publish books, Literatures, charts, issue related IEC (Information, Education and Communication) materials and other periodical illustration. i. To promote and develop the downtrodden people for human resource development in view of the emerging needs such as database development, resource survey methodologies, computer studies, health, education, and energy issues etc. j. To develop and protect Health, Educational and Welfare for needy Women s and Children s on priority basis. k. To organize and develop centers for adult education, vocational education technical training, and low cost education, formal & non-formal education. l. To promote and protect Indian Traditional Handicraft, Handlooms, Art, Modern Art & Literature, encourage and facilitate research programs and trainings in the field of public health, education and empowerment. m. To protect National Heritage, Buildings or Places of the Archeological & Historic importance, and to nurture, protect and promote the constitutional values of liberty, justice and equality for all, and also the party shall uphold the sovereignty, unity and integrity of India. n. To eliminate all forms of discrimination by birth and guarantee, dignity and opportunity to every citizen of irrespective of origin and status; and to promote social equality and justice and fully integrated all disadvantage sections including dalits, adivasis, under privileged 2

3 individuals, street children etc. socially and economically backward classes. o. To strengthening the Rule of Law and constitutional order based on parliamentary and participatory democracy. p. To ensuring institutionalized and democratic functioning of the Party at all levels by encouraging free exchange of views and permitting the members of the Party to make their best individual contribution to enrich the lives of the people in all spheres. q. The Flag and Logo: The Flag and Logo of the Proposed Party will be decided by General Body Meeting. Article 3: Name of the Party The name of the party shall be BHARTIYA MANAVADHIKAAR FEDERAL PARTY. The party shall have its own flag, logo which will be decided in General Body Meeting, symbol and a National Headquarter at such place as the party shall deem fit and proper. The State Committees, Shall ordinarily be constituted in the States named below with the headquarters mentioned against each. States Headquarters 1. Andhra Hyderabad 2. Arunachal Itanagar 3. Assam Guwahati 4. Bihar Patna 5. Delhi Delhi 6. Goa Goa 7. Gujrat Ahmedabad 8. Haryana Chandigarh 9. Himachal Simla 10. Jammu & Kashmir Srinagar 11. Karanataka Bangalore 12. Kerala Tiruvananthapuram 13. Madhya State Bhopal 14. Maharashtra Mumbai ( Bombay) 15. Manipur Imphal 16. Meghalaya Shillong 17. Mizoram Aizawal 18. Nagaland Kohima 3

4 19. Orissa Bhubaneswar 20. Punjab Chandigarh 21 Rajasthan Jaipur 22 Sikkim Gangtok 23 Tamil Nadu Chennai 24 Telangana Hyderabad 25 Tripura Agartala 26 Uttar State Lucknow 27 West Bengal Kolkata A. CONSTITUENTS The Party will include the National Convention and Special Sessions of the Party BHARTIYA MANAVADHIKAAR FEDERAL PARTY- National Committee BHARTIYA MANAVADHIKAAR FEDERAL PARTY- Working Committee BHARTIYA MANAVADHIKAAR FEDERAL PARTY- State Committee BHARTIYA MANAVADHIKAAR FEDERAL PARTY- District Committee Committees subordinate to the District Committee like Part/ Booth / Ward/ Anchal /Town/Block/Constituency Committee and other subordinate Committees to be determined by the State Committees concerned. B. The Union Territorial Committees shall be constituted in the territories named below within Headquarters mentioned against each. Territory Headquarters 01 Andaman & Nicober Island Port Blair 02 Chandigarh Chandigarh 03 Dadra & Nagar Haveli Silvassa 04 Daman & Diu Moti Daman 05 Puducherry Puducherry 06 Lakshadweep Kavaratti Article 4: MEMBERSHIP The membership of the party shall comprise of: a. Grassroots members enrolled under Article 5 hereof. 4

5 b. Office bearers and members of the Executive Committees of every part/booth, Polling station/town/block/assembly/district/state Committees/National Working Committee and any other local committees and Associate organizations in whatever name they are called owing allegiance to the party elected under Article 7 hereof. c. Office bearers and members of the State Working Committee of the party. d. Membership shall automatically cease if any member contests in any elections under the Election Commission of India or The State Election Commission of respective states, against any candidate set up by the party. e. Member shall automatically temporary suspended if any members take part in canvassing in any election under Election Commission of India or State Election commission. Of respective states in favour of anybody who is contesting against the candidate set up by our party. Article 5: ENROLMENT OF GRASSROOT (PRIMARY) MEMBER & PROCEDURE THEREOF a. Any person who has completed his 18 th birthday on the 1 st day of January of the relevant year and who is Citizen of India and who believes in the aim an object of the party mentioned in Article 1 & 2 hereof shall be eligible to become a grass root member of the party provided that his/her name is duly recorded in the voter s list of that part/booth where he /she is ordinarily the resident. b. Any person who is eligible to be a member of the party in terms of clause (a) hereof shall apply in the prescribed form. c. Upon completion and filling-up the prescribed form mentioned in clause (b) hereof, the intending member should pay a sum of Rs. 5/- (five) only (non-refundable) along with two copies of the prescribed form as aforesaid to the Receiving Officials appointed for the purpose. d. The receiving official shall maintain a register showing the date, name and amount received from intending number. The receiving official shall endorse the serial number of the intending member in the register on the said second copy handed over to the member. The application may be 5

6 handed over personally or through a duly authorized representative of intending members. e. The term of membership shall be from 1 st of January of the year or from the date of enrolment of a member up to 31 st of December of the every year. f. The said second copy duly receipted as aforesaid shall be treated for all purposes as Certificate of Grass root Membership of such applicant. Provided always the State Executive or such person as may be duly authorized by the National Working Committee shall have full authority to refuse/reject/ cancel such membership application duly recording the reasons thereof and in such case the said sum of Rs 5/- shall be forfeited. The reason will be communicated to the applicant, if so asked for in writing. g. Permanent Register of members within their jurisdiction shall be maintained by every Block/Constituency and District Committee with copies to the State Committee, as per prescribed rules; Article 6: RENEWAL OF MEMBERSHIP a. All grass root members shall renew their membership every year upon payment of a sum of Rs. 5/- for which the receiving official of the unit of which the said primary member is a member shall grant a receipt on the said second copy. b. In the event of failure to renew his membership on or before 31 st Dec every year (or within such extended time as may be notified) the name of the said grass root member shall be deemed to be struck off the Register of Member and there upon automatically the member shall cease to be a member of the party. c. Separate Registers of all such members and votes shall be maintained at all the units of the party and the State level and shall be made up to date by 30 th June every year. Such Registers of members shall remain in charge of the General Secretary in charge of membership. Article 7: RIGHT TO VOTE 6

7 a. A grass root member shall be entitled to contest the election of office bearers of the Executive Committee of the part/booth /polling station/ Town / Block / Assembly/ District/ State / National Working Committee. Article 8: MEMBER OF OFFICE BEARERS OF THE NATIONAL WORKING COMMITTEE & STATE COMMITTEE The day to day work, administration, function to implement the aim, object, policies, programme and movement of the party shall be looked after by the executive committee of the party in aforesaid structure as the case may be with the following minimum number of members. State committee shall be entitled to increase the numbers of its office bearers up to the Block level depending upon the exigencies of the situation. National Working Committee shall be entitled to increase the number of office bearers of State Committee according to the exigencies of the situation. a. For Part/ Booth/ Polling Station at least 7 members (including President). b. For Ward/ Anchal at least 7 members (including President). c. For Town/ Block at least 15 members (including President). d. For Assembly Constituency 1 President and No. of members will depend upon the administrative jurisdiction of the Assembly. One from each Town/ Block + Ex-Officio member. e. For District - at least 21 members (including President). f. For State at least 21 members (including President). g. National Working Committee consisting of 21 members (including President). h. BMP No. of office bearers are to be determined by Chairman/Chairperson/ President with the approval of National Committee. Article 9: ELECTION OF OFFICE BEARERS TO THE EXECUTIVE COMMITTEE 7

8 a. POLLING BOOTH Voter members of the respective booth shall from collective an electoral college. The members of the said Electoral College shall elect the office bearers President, Vice President, Gen. Secretary, Secretary, Treasurer of the polling booth committee. Unless such election is unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. b. WARD/ ANCHAL Voter members of the respective Ward/ Anchal Committee shall collectively form and Electoral College. The members of the said Electoral College shall elect the office bearers President, Vice President, Gen. Secretary, Secretary, Treasurer of the Ward/ Anchal Committee. Unless the election is unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. c. TOWN/BLOCK Voter members of the respective Town/Block Committee shall form collectively an electoral college. The members of the said Electoral College shall elect the office bearers President, Vice President, Gen. Secretary, Secretary, Treasurer of the polling booth committee. Unless the election be unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. The said Electoral College shall also elect one member (he/she may not be from that Town/Block) for representing the concerned Town/ Block in the parent body of the State. The said electoral college shall also elect another 4 (four) members (of Course voter members within the Town/Block concerned) to represent the concerned Town/ Block to the concerned District Committee. The Electoral College shall also elect one member apart from the President of Town /Block Committee for the purpose of representing the Assembly Constituency Committee. The President of the Town/Block Committee shall be the Ex- officio member of the Assembly Constituency. d. ASSEMBLY CONSTITUENCY COMMITTEE 8

9 The elected members from the Town/ Block Committees along with the ex-officio member for the purpose of representing the Assembly Constituency Committees shall collectively form an electoral college. The members of the said Electoral College shall elect the office bearers President, Vice President, Gen. Secretary, Secretary, Treasurer of the Assembly Constituency Committee. Unless the election is unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. It is also pertinent to mention that any voter member from the State may contest for the post of president of the Assembly Constituency Committee. But in that case, the concerned contesting candidate will not have any voting right in the election of the office bearers of the said Assembly Constituency Committee. e. DISTRICT COMMITTEE The elected members of the Town/ Block for the purpose of representing the District Committee will collectively form an electoral college. The members of the said Electoral College shall elect the office bearers President, Vice President, Gen. Secretary, Secretary, Treasurer of the District Committee. Unless the election is unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. The President of the Assembly segment within the concerned district will be as an Ex-Officio Secretariat Member of the District Committee. f. STATE COMMITTEE The elected members from the different Town/Block Committees for the purpose of representing the State parent body will collectively form an electoral college. The members shall elect the office bearers President, Vice President, Gen. Secretary, Secretary, Treasurer of the State Committee. Unless the election is unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. The district President will always be the Ex-officio Secretariat Member of the State Committee. But, in case of any policy making decision the said ex-officio member shall not have any voting right, other than election of office bearers of the State Committee. 9

10 g. NATIONAL COMMITTEE a. Of the 7 (seven) members of the respective State electoral college, 1(one) will be treated as a member of the National Committee. Any voter member (he may not be a member of the said Electoral College) may contest for the National Committee. But, in that case, he will have to secure the support from 8 (eight) members of the said electoral college. Parliamentary party, Legislative party & Councilors party of any Metropolitan City will be treated as a State electoral college. All M.P s are ex-office member of the National Committee every seven MLA s are entitled to elect one member for the National Committee in case of Corporator, 14 Corporator are entitled to elect one member of the National Committee. b. The elected members from different States for the National Committee will collectively form an electoral college. The members of the said Electoral College shall elect the office bearers President, Vice President, Gen. Secretary, Secretary, Treasurer and also elect another 9 (nine) members for the purpose to form working committee. However in the event of Election the voting shall be by secret Ballot. It is pertinent to mention also that in case of a State on which our Party is not treated as a registered State Party; by the Election Commission they said elected members from the concerned State shall not be eligible for membership of National Committee. Each member of the said electoral college shall have 10 (ten) votes. c. Every member of the National Committee shall pay an annual subscription of Rs. 200/- and shall obtain a receipt thereof. Article 10: National Convention a. A Session of the Party shall ordinarily be held once in three years at the time and place decided upon by the Working Committee or the National Committee as the case may be called National Convention. b. Appointment procedure for delegates from all the Committees will be as following, procedure are as Constituencies with a voters' strength of 50,000 and below can elect one delegate and those with a voters' strength 10

11 above 50,000 and up to 1, 00,000 can elect two delegates and those with a voters' strength of above 1, 00,000 can elect three delegates. The delegates that come under the three categories will be approved by the State Committee on the basis of the number of voters in the voters list of each constituency. c. A Session of the Party shall be held in case the National Committee so decides to be called as Special Session. d. The District Committee, in whose jurisdiction the Session is held, shall make such arrangement for holding the Party Session as be deemed necessary, and for the purpose shall from a preparatory Committee President of such District Committee will be the ex-officio Chairman of the Preparatory Committee and other office bearers from among its own members. e. In case there is any elected Legislator in the area in which the Session will be held than he will be declared as the Chairman of the Reception Committee. In case the Local Municipality/ Corporation is being run by the Party, then the Municipal Chairman shall be the ex-officio convener of the Reception Committee. However it there is no Legislator or Municipality then non Reception Committee will formed. f. The Preparatory Committee shall collect funds for the expenses of the Session and shall make all necessary arrangements for the reception and accommodation of delegates. It may also make necessary arrangements for the visitors. g. The receipts and disbursements of the Preparatory Committee shall be audited by an auditor or auditors appointed by the State Committee, and the Statement of Accounts together with the audit report shall be submitted by the State Committee to the Working Committee, within six months of the conclusion of the Session. (A) POWER AND FUNCTIONS OF THE CHAIRMAN / CHAIRPERSON/ PRESIDENT 1. The Chairman /Chairperson/ President shall be the Supreme of the Association Body. 11

12 2. The Chairman/Chairperson/ President shall co-opt 7 (seven) persons in National Working Committee who shall have their full voting fight for one year, tenure of the member may be extended. 3. The Chairman/Chairperson/ President shall have the power to decide the National Agenda for all purposes, i.e. economic, social and political including election under the Election Commission of India. 4. The Chairman/Chairperson/ President may constitute a new State; abolish an existing State/ District merge with a existing State into one of assign to a State a District and /or portion or portions of Districts from any other State, with the approval of National Committee. 5. The Chairman/Chairperson/President of the National Working Committee with its approval is authorized to appoint 1 (one) Returning officer for the national Body and 1 (one) State Returning Officer for respective State for holding party elections. 6. The Respective State Returning Officer shall appoint the District Returning Officers and the Block Returning Officers. 7. The Returning Officer and the State Returning Officer will not be able to contest in any election at any tier of the organization and will also not be co-opted in any tier by anybody for Six months. (B) POWER AND FUNCTION OF GENERAL SECRETARY, VICE SECRETARY, JOINT SECRETARY, ORGANIZING SECRETARY AND SECRETARY 1. Each General Secretary shall discharge his duties as per the directives of the Chairman/Chairperson/President. Each Vice Secretary shall assist the General Secretary, Each Joint Secretary shall assist the Vice Secretary, and Each Organizing Secretary shall assist the Joint Secretary, Each Secretary shall assist the Organizing Secretary. 2. General Secretary / Secretaries may be appointed from outside of the National Working Committee members (provided active member of any State) by the Chairman/Chairperson/President. But in that case, they shall have no voting right in the Working Committee. 12

13 (C) POWER AND FUNCTION OF THE TREASURER 1. The Treasurer shall be in-charge of the funds of the association/ body and shall maintain all expenditure and income of the organization. The Treasurer shall always be a member of the National working Committee. (D) POWER AND FUNCTION OF THE CHIEF EXECUTIVE OFFICER 1. Every application under sub-section (1) shall be signed by all the office bearers of the association or body and presented by the Chief Executive Officer (by whatever name called) of the association or body to the Registrar or sent to such Registrar by registered post. 2. In all suits and other legal proceedings by or against a party the pleadings shall be signed and verified by and all such suits and proceedings shall be issued to and be served on the Chief Executive officer. Article 11: DONATION AND SUBSCRIPTION a. The State Committee shall be entitled to accept donation from donors willing to donate by account payee cheque or bank draft, Neft, Rtgs, or in any kind in the name of the respective concerned State Committee. All money including donation, membership subscription and renewal fees shall be deposited in such Bank account to be operated by such member as may be decided by the resolution of the Respective/ concerned State Committee. But before opening any Bank account, prior approval must be taken from the National Working Committee in writing. b. Each District Executive Committee shall contribute such sums out of the subscription and donations received by it to the State Committee as may be mutually determined by the District Executive Committees and State Executive Committee from time to time. Each State Committee shall grant and handover such funds as it thinks fit to the executive Committee of the other tiers of the party earmarking the same for distribution up to grassroots level for spending the same for party and other social help to the people. All donations of any kind shall be received and accepted only at the State Level. No donations of any kind shall be accepted at any other their without prior approval from the State Committee in writing. Donation does not include subscriptions given by the members. 13

14 Article 12: FUNCTIONS OF THE NATIONAL WORKING COMMITTEE a. The National Working Committee shall consist of the Chairman/Chairperson/President of the Party, and 20 other members of whom 15 members will be elected by the National Committee, as per rules prescribed by the National Working Committee and the rest shall be appointed by the Chairman/Chairperson/President. Leader of the Parliamentary Party and all leader s of Legislator Parties in the respective states will be ex-officio member of National Working Committee will full voting right. The Chairman/Chairperson/President shall appoint a treasurer and one or more General Secretaries from amongst the members of the National Working Committee. The Chairman/Chairperson/President will have power to appoint one or more Secretaries/ Joint Secretaries from elected members of the National Committee. The Secretaries / Joint Secretaries will discharge the duties as may be assigned to them by the Chairman/Chairperson/President. Ordinarily members of the National Working Committee will be appointed from amongst the members of the National Committee but in special cases, delegates who are not members of the National Committee may be appointed; provided however, that a delegate so appointed shall cease to be a member of the National Working Committee if he is not elected as member of the National Committee within six months of his appointment. b. The quorum for a meeting of the Working Committee shall be seven. c. The National Working Committee shall be the highest executive authority of the Party and shall have the power to carry out the policies and programme lay down by the Party and by the National Committee and shall be responsible to the National Committee. It shall be the final authority in all matters Regarding interpretation and application of the provisions of this Constitution. d. The Working Committee shall place before every meeting of the National Committee a report of the proceedings of the previous meeting of the National Committee and also the agenda of the business for the meeting and shall allot time for non-official resolutions of which due notice may have been given by the members of the National Committee in accordance with the rules prescribed in that behalf. 14

15 e. The Working Committee may appoint one or more auditors or inspectors or other officers to examine the records, papers and account books of all Party Committees and organizations. It shall be incumbent on all such Committees and organizations to furnish all the required information to the auditors, inspectors or other officers and to give them access to all offices, accounts and other records. THE WORKING COMMITTEE SHALL HAVE THE POWER: f. to frame rules for the proper working of the organization. Such rules shall, as early as possible, be placed for the consideration of the National Committee ; 1. to issue instructions not inconsistent with the Constitution and frame rules in all matters not otherwise provided for; 2. to superintend, direct and control all State Committees and Subordinate Committees as well as the Reception Committees; 3. to take such disciplinary action as it may deem fit against a Committee other than the National Committee or an individual; 4. The Working Committee shall have the accounts of the National Committee audited annually by an auditor or auditors appointed by the National Committee every year. 5. The Working Committee shall fix the date by which the formation of Subordinate, District, State and National Committee shall be completed. g. The Working Committee shall constitute a Trust for holding immoveable properties belonging to the Party. The Board of Trustees of the said Trust shall be appointed by the Working Committee and shall comprise of not less than five and not more than nine Trustees including the Chairman and the other ex-officio trustees. The Chairman/Chairperson/President of the Party shall be Chairman (ex-officio) of the Trust and the Treasurer of the National Committee and the General Secretary in charge of Administration of National Committee shall be ex-officio members of the Board. The term of the members of the Board of Trustees, other than the Chairman and the two other ex-officio Trustees shall be three years. The 15

16 properties shall be held in the name of the said Party and if that be not possible in a certain case/cases, then in such manner as directed by the Working Committee. h. To meet any special situation, the National Working Committee shall have the power to take such action in the interest of the Party as it may deem fit; provided however that if any action is taken which is beyond the power of the National Working Committee as defined in this Constitution, it shall be submitted as early as possible to the National Committee for ratification but not later than six months. i. The office bearers of the State Committee shall perform all such duties as may be assigned to each of them by the Executive Committee. FUNCTIONS OF THE STATE EXECUTIVE COMMITTEE a. The State executive Committee will plan, co-ordinate organize, gibe publicity and orchestrate the aim, object, policies, and strategy of the party and shall be overall in charge of the party. b. All resolutions passed in the Session of the National Committee shall be binding on all the units of the party. c. The State Executive Committee shall hold an annual general meeting (AGM) every year at a venue and time it thinks fit and proper. d. All members elected for the parent body by the Town/ Block Committee of that State shall be entitled to attend and vote at the Annual General Meeting( AGM) Each member shall have 1(one) vote provided his subscription has been paid up to date with all arrears, if any. Article 13: AUDIT AND ACCOUNTABILITY a. Each unit of the party shall cause the accounts of the party to be maintained on receipts and expenses basis and get the same audited every year within 30 th of June of the next year. A copy of the audited accounts or summary thereof shall be sent to the National Working Committee within 31 st August of every year. The financial year of the party shall be 1 st April to 31 st March of each year. 16

17 b. Executive Committee of the lower tiers shall maintain regular books of account on receipts and expense basis and do a Chartered Accountant audit the same every year within 30 th September of the next year. c. The National Working Committee shall maintain books of Accounts of receipts and expenses basis and appoint a Chartered Accountant audit the same every year within 31 st December of the next year. d. It shall be the duty of the National Working Committee to fill in the Income Tax, Wealth Tax and Election Commission Returns Whenever necessary under the law of the land. e. The Party shall get its books of accounts audited by the Chartered Accountant, and submit the copy to the Election Commission, within a period of sixty days, after the end of each Financial Year. f. The Party will submit its annual financial return to commission within six months of the end of each financial year and audit of the party account will be conducted by an auditor empaneled with the CAG, party also declared that the part fund will be used for political purpose only and party will abide all the instructions issued by commission from time to time in the maintenance of its account. Article 14: MAIN ASSOCIATE ORGANS OF THE PARTY The main bodies or organs of the party shall comprise of the following: BHARTIYA MANAVADHIKAAR FEDERAL PARTY Trade Union Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Youth Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Female Youth Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Kishaan Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Minority Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Sarkari Karmachari Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Teachers Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Students Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Mazdoor Cell for organized labour BHARTIYA MANAVADHIKAAR FEDERAL PARTY Mahila Cell BHARTIYA MANAVADHIKAAR FEDERAL PARTY Legal Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY SC/ST & OBC Cell BHARTIYA MANAVADHIKAAR FEDERAL PARTY Medical Cell 17

18 BHARTIYA MANAVADHIKAAR FEDERAL PARTY Sports Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Publicity Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Parliamentary Wing. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Cultural Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Legislative Wing. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Councilors Wing. BHARTIYA MANAVADHIKAAR FEDERAL PARTY National Relief Fund Wing BHARTIYA MANAVADHIKAAR FEDERAL PARTY Economic Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Minority Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Disabled Cell. BHARTIYA MANAVADHIKAAR FEDERAL PARTY Senior Citizen Cell. Article 15: GENERAL PROVISIONS NOW WITHSTANDING ANYTHING HEREIN ABOVE CONTAINED a. The treasurers of each unit shall be in charge of the funds of the party and shall be responsible for keeping proper accounts of the investments, income and expenditure. b. The General Secretaries of the units shall be in charge of day to day working and administration of the unit and shall be responsible and answerable to the President and Vice President of the Unit of the party. c. Unless the situation demands otherwise the General Secretaries of the Unit shall sign all letters and Correspondences. d. The General Secretaries of the Unit shall monitor, inspect and office bearers of the Unit and shall forthwith report to be State Executive Committee about death, resignation and prolonged absence of a member from India and take appropriate steps accordingly in consultation with the State Executive Committee. e. Appointment procedure for delegates from all the Committees will be as following, procedure are as Constituencies with a voters' strength of 50,000 and below can elect one delegate and those with a voters' strength above 50,000 and up to 1, 00,000 can elect two delegates and those with a voters' strength of above 1, 00,000 can elect three delegates. The delegates that come under the three categories will be approved by the State Committee on the basis of the number of voters in the voters list of each constituency. 18

19 Article 16: POWER OF SUSPENSION OF COMMITTEE The National Working Committee in appropriate cases if it deems fit and proper shall have the power to suspend any State Executive Committee up to the Block level and direct for holding of elections for constituting a fresh State Committee. Once elected, the Committee shall hold office for 3(three) years. Upon supersession of an Executive Committee of an unit up to District level, the State Executive Committee shall intimate such facts forthwith to the National Working Committee. Article 17: POWER TO FORM COMMITTEES OR CELLS For smooth functioning of the party the District Executive Committee and State Executive Committee and all other units with the approval of the National Committees or Cells it may deem fit and proper. Article 18: POWER TO AMEND 1. This Constitution can be amended, altered and rescinded at the Session of National Committee by two third majorities of the members present and voting in such Session. All other resolutions in the Session shall be passed by a simple majority. 2. The resolution for altering, amending and rescinding this Constitution must be given 30 (thirty) days before holding of the annual general meeting at the office of the National Working Committee in writing. Article 19: MERGER & DISSOLUTION a. A requisition meeting of the Working Committee shall be convened with thirty days advance notice to consider any proposal for merger or dissolution of the Party with the consultation at all main levels of Party. b. The resolution for merger or dissolution should be approved by two-thirds of the total members or three-fourths of the members present at the specially convened meeting of the Working Committee. Article 20: CONTESTING OF ELECTIONS 19

20 The Party shall participate in an Elections conducted by the Election Commission for Parliament, State legislative assembly or Metropolitan Council or local bodies within the period of five years, of its registration, if the party does not participate in the election continuously for the period of six years, the party name will be taken of the list of registered parties. The Party will not in any manner promote, instigate or participate in any kind of violence. It is clearly adopted that election process of the various offices of the party is democratic in nature and no office of the party is hereditary or held permanently. Article 21: RULE MAKING POWER a. The National Working Committee shall have power to frame rules, regulations for the units, associate bodies issue instructions for proper working of the Constitution holding of periodic election every 3 years to all position of office bearers and organs of Party, and holding of annual general meeting and in all matters not otherwise provided for. b. To superintend, direct and control all units of the party. c. To take such disciplinary action as it may deem fir against any committee or individual for misconduct, willful neglect or default and from a committee therefore. d. The terms of reference of the Disciplinary Committee so constituted by the National Working Committee may be altered/ modified from time to time as may be deem fit by the National Working Committee. e. Detail procedures of the Disciplinary Committee for conducting enquiry shall be drafted by the members of the Disciplinary Committee subject to approval of the National Working Committee. RULES Under The Constitution of Party The National Working Committee makes the following Rules, for conduct of the functions entrusted with the various units and associate bodies. 20

21 RULE: 1 Short title, Commencement and application. a. These rules may be called BHARTIYA MANAVADHIKAAR FEDERAL PARTY Rules, b. They shall come into force from the 12 st October c. They shall, unless otherwise provided in the rules, be applicable to State, District Assembly (Town/Block), Ward/Anchal levels and also Part / Booth levels. d. It is clearly adopted that election process of the various offices of the party is democratic in nature and no office of the party is hereditary or held permanently. RULE: 2 a. The State Executive Committee, the District Committees, the Assembly Committees, the Town/Block Committees, the Ward/Anchal Committees and the part/booth/polling Station Committees will abide by the Constitution in letter as well as in sprit. RULE: 3 a. The number of members and office-bearers of the committees will be as specified in Article 7 of the Constitution. b. The National Working Committee shall have the power to amend it in keeping with the development from time to time. RULE: 4 a. The procedure for enrolment of Grass root (Primary) member is as specified in the Article 5 of the Constitution. For the entitlement to vote and to contest election a grass root (Primary) member will have to satisfy the condition that he/she has enrolled at least 20 (twenty) grass root members including himself / herself of the same booth of which he/she is such a member. 21

22 b. The condition of entitlement extends to elections of office-bearers of the committees mentioned in Rule 2. c. The will also apply Mutatis Mutandis to the election of the National Working Committee. RULE: 5 The State Executive Committee, which has tenure of three years, will hold election every three years and will ensure proper functioning according to the extant Constitution, hold annual general meetings and keep the National Committee fully apprised of the actions taken in all organizational matters. RULE: 6 DISCIPLINARY RULES: 1. Disciplinary Committee appointed by the National Working Committee has all powers of investigation enquiry of complaints against a member/unit and recommendation of final disciplinary action on such member/unit delegated on it by the National Working Committee. Disciplinary Committee may suspend /Show cause Notice to concern/unit pending enquiry, if the situation merit, such a course of active in the opinion of Disciplinary Committee. 2. The State Executive Committee will be responsible for maintaining discipline in the units in the sub-state levels. In the case of any indiscipline, misconduct or anti-party activity noticed by the State Executive Committee it shall take such disciplinary actions against the erring committee or individual member as are deemed proper. 3. The State Committee may form a sub-committee for the purposes of clause (1) above. The sub Committee shall cause an enquiry into the matter and may suspended the member concerned pending enquiry, if the situation, merits such a course of action depending upon the gravity of the allegation. 4. The State Committee shall also bring to the notice of the National Working Committee any instance of indiscipline, misconduct or anti-party activity of any member of the National Working Committee with appropriate recommendations. 22

23 5. On receipt of any recommendation in cases covered by clause(iii) above the National Committee shall deliberate upon the matter, and if it be so decided, Shall cause an enquiry into the matter and the member concerned may be suspended pending enquiry, if the situation merits such a course of action depending upon the gravity of the allegation/ office. The National Committee may set up a sub-committee other than Disciplinary Committee for the enquiry into the matter and to recommend to the National Working Committee for the action. 6. The findings of the sub-committee will then be placed before the National Working Committee for such action as is deemed proper. 7. The decision of the National Committee will be final and binding. 8. It is clearly specified that the party will not, in any manner, promote or instigate or participate in any kind of violence. (a) Breach of Discipline : Breach of discipline includes the following; 1. Deliberately acting or carrying on propaganda against the programme and decisions of the Party. 2. Deliberately disregarding rules or disobeying orders passed by any competent authority. 3. Indulging in fraudulent action relating to party funds, enrolment of members or election to Committees. 4. Being guilty of offences involving moral turpitude, black marketing, adulteration, bribery, corruption, forgery, and embezzlement of Party funds. 5. Deliberately acting in a way calculated to lower the prestige of the Party or carrying on propaganda against any party functionary / unit with intent to malign the victim. (E) Notices 23

24 1. Notice can be issued at the instance of the President of the Committee, competent to take disciplinary action, provided that he feels there is a prima facie breach of discipline against the Committee or person concerned. 2. No disciplinary action shall be taken without an opportunity being given, to an individual concerned, to explain its or his/her case and answer such charges as are made against it or him/her. 3. However no Notice is required for Suspension, pending enquiry. (F) Appeal : 1. Any member dissatisfied with the decision of the Disciplinary Committee may make an appeal to the Chairman/Chairperson/President for redresses of his/her proposed punishment. 2. The decision of the Chairman/Chairperson/President is final. RULE: 7 1. In case of any ad-hoc appointment in organization label, power lies as under: 2. In case of abolish an existing State / District specified in Article 10 (a) 4. Chairman/Chairperson/President National Committee shall have the power to appoint ad-hoc States Executive Committee / District President. 3. State President has the power to appoint ad-hoc District Executive Committee Block / Town President for the purpose of clause (1) above. RULE: 8 Under Article 5 Membership forms: 1. Party will authorize in writing to the State Committees shall print Membership forms. But the State Committees Executive may authorize District Committees in writing to print membership forms, Any District Committees, printing the membership forms without such authorization, shall be liable to disciplinary action. 24

25 2. Membership forms shall be serially numbered and in the case of those printed by District Committees they should bear the name of the District concerned as well. Full details of forms so printed shall be supplied by the District Committees to the State Committees before they are issued to subordinate Committees. 3. In the case of membership forms. They should be bound in books of 25 forms each. 4. (a) The District Committee shall be primarily responsible for the enrolment of members in the district. The State Committees shall issue membership forms to the District Committees which in turn shall issue them to the subordinate Committees and through them to individuals. Not more than 1250 membership forms shall be supplied to an individual at a time. However, in the case of MPs, MLAs, MLCs and National Committee members and State Committees Office-bearers, 2500 membership forms may be supplied to such individuals at a time. More membership forms shall be supplied to individuals only when full account of the forms already supplied is rendered and the fees realized thereof are paid. b. If there are complaints against the subordinate Committees that they are not making available enough membership forms, the District Committees may issue them to individuals and may, if it deems fit, take disciplinary action against the committees concerned. If there are complaints that the District Committees are not issuing forms properly, the State Committees shall directly issue forms to committees and individuals and may also take disciplinary action against the District Committees concerned. c. Forms for enrolment of members shall in no case be issued to individuals who are not at least members of the Party. 5. (a) When membership forms are issued to individuals or Committees, a signed acknowledgement shall be obtained in all cases and an undertaking to return the unused forms with proper accounts, whenever called upon to do so, should be obtained. (b) When individuals or Committees a signed acknowledgement shall be issued return unused membership forms. In the event of any individual 25

26 failing to return the unused forms and/ or accounts in time he shall be disqualified from contesting the organizational elections. 6. (a) The State Committees shall maintain separate registers for the issue of forms to each Committee or individual with their serial numbers and dates of issue and return of unused forms. (b) The District Committees and the subordinate Party Committees should also maintain similar registers. (c) In order to give the Party a well informed and ideologically oriented cadre, the Party men at all levels shall participate in the study programme laid down by the national Working Committee for Members. RULE: 9 Under Article 10 Terms of Party Committee a. The term of every Party Committees and of its Office Bearers, Executive Committee and members shall ordinarily be three years. Constitution holding of periodic election every 3 years (normally not exceeding 4 years) to all position of office bearers and organs of Party b. Reservation for Women/SC/ST/OBC/MINORITIES 1. 33% of the seats at different Committees shall be reserved for the women. 2. Not less than 20% of the seats shall be reserved at different Committees for SCs/STs/OBCs and Minorities. 3. Competent Authority shall have the authority to relax the percentage of sectoral representations for the categories stated above. 4. There is clear provision that all apex level committees and representative bodies of the Party will be constituted though democratic election process. Nomination of members of such bodies, if at all provided, should be restricted to a minimum scale, not exceeding 1/3 rd of the strength of the Committee/Body. 26

27 5. There is clear provision for valid meetings of the various Committees, councils and other representative bodies of the party, that the quorum should be minimum of 1/3 rd members of the Committee /Council /Body. THE END 27