HMS Constitution

I. NAME AND OFFICE :
The name of the organization shall be HIND MAZDOOR SABHA, hereinafter referred to as the SABHA.
The flag of the SABHA well be of red colour with the emblem '"wheel and plough" in white.
The headquarters of the SABHA shall be at such place as the General Council of the SABHA shall from time decide.

II. AIMS AND OBJECTS :

The object of the SABHA shall be :
(i) To promote the economic, political, social, cultural interests of the Indian working people.
(ii) To guide and co-ordinate the activities of affiliated organisations and assist them in their work;
(iii) To safeguard and promote the interests and rights of workers in all matters relating to their employment;
(iv) To promote the formation of
(a) Federations of unions from the same industry or occupation, and j
(b) National unions of workers employed in the same industry or occupation;
(v) To secure and defend all democratic and civil rights of the workers including:-
(a) Freedom of association,
(b) Freedom of assembly,
(c) Right to work or maintenance,
(d) Right to social security, and
(e) Right to strike.
(vi) To organize for and promote the establishment of a democratic socialist society in india;
(vii) To promote the formation of co-operative societies, and to fostes workers' education, adult education, technical education and education on family planning; and
(viii) To co-operate and affiliate with other organizations within the country and outside having similar aims and objectives.
In the promotion and realization of these aiks and objects the SABHA shall employ all legitimate, peaceful and democratic methods.

III.MEMBERSHIP:
(i) The SABHA shall consist of such bonafide trade union organizations, including federations of trade unions as shall be affiliated in the manner prescribed.
(ii) Any such organization may make an application for affiliated to the SABHA in the prescribed form along with the affiliation fees, and shall furnish copies of its Annual Returns including audited balance sheet for the immediate previous year, submitted to the Registrar of Trade Unions and the Constitution or Rules together with such other particulars and information as may be required by the Working Committee.
(iii) (a) When an application is received from any trade union for affiliation to the SABHA along with the fees and other documents prescribed, the General Secretary shall communicate all relevant particulars concerning the applicant union to the appropriate State Council of the SABHA and to other affiliated union in the concerned trade or industry in the same State and call for their comments on the application.
(b) The General Secretary shall scrutinize the application along with the comments received as above and shall grant or withhold affiliation after such scrutiny.
(c) All applications along with the comments and the decisions thereon shall be placed before the Working Committee at the earliest possible opportunity. The Working Committee shall have the power to confirm or reverse the General Secretary's action or reject the affiliation or gave such directions to the General Secretary as it may deem proper.
(d) Any Union whose application for affiliation is rejected by the General Secretary or the Working Committee shall have the right to appeal to the Working Committee or the General Council as the case may be.

IV.AFFILIATION FEE AND CONTRIBUTIONS:
(I) Every affiliated organization shall pay to the SABHA the under mentioned contributions :
(a) Except for the unions representing the workers in the agricultural sector and in such other sectors as will be decided by the Working Committee from time to time, an affiliation fee of Re. 2/- per member per year subject to the minimum of Rs. 500/- per union per year, inclusive of international Affiliation Levy and Educational Levy shall be payable within the next year subject to Clause
"For the unions representing the workers in the agricultural sector and such other sectors as will be decided by the Working Committee from time to time, an affiliation fee of 75 Paise per member per year, subject to minimum of Rs. 250/- per union per year, inclusive of international Affiliation Levy and Educational Levy shall be payable within the next year subject to Clause
(b) A delegation fee of Rs. 20/- per delegate on behalf of an affiliated organization shall be paid. If any member of an affiliated attends as an Observer, he will have to pay RS. 15/- and
(c) Such other levy as may be fixed by the Working Committee by a two-thirds majority of members present to be paid within the time limit determined by the Working Committee
(ii) Payment of affiliation fee and other levies shall have to be cleared at least two months before the Biennial Convention, otherwise the defaulting unions shall be liable to be disqualified for participation in the Convention.
(iii) Non-payment of any contribution for a period of six months after it becomes due shall render the defaulting organization liable t9o be disaffiliated by the Working Committee after a notice of one month for the payment of dues.
(iv) An organization, when disaffiliated for the non-payment of contribution may be re-affiliated on payment of all the arrears and the contributions for the current year.
(v) The official year of the SABHA shall be a calendar year i.e. from 1st January to 31st December
(vi) (a) Out of the affiliation fee collected by the Headquarters, each of the functioning State Councils shall be given 20%of the affiliation fees collected from the res-ect9ve state. However, the Working committee shall have the right to withhold the quota if it decides by two third majority in case a particular council is not functioning.
(b) The affiliation quota in respect of those States or Union Territories where there are no Councils or where Councils are not functioning may be utilized by the HMS Headquarters for promoting HMS organizations and activities and for taking measures to set up the State or Union Territory Councils.
(c) The Working Committee may amalgamate and prescribe one Union Territory Council for more than one Union Territory, provided the decision is taken by two-thirds majority of the members present and voting as its meeting.

V.OFFICE-BEARERS :
The SABHA shall have the following Office-bearers:
(a) PRESIDENT;
(b) Not more than thirteen Vice-Predidents;
(c) General Secretary;
(d) Not more than nine Secretaries; and
(e) Treasure.

VI.WORKING COMMITTEE :

The Working Committee of the SABHA shall consist of the office bearers and 40 other members elected by the Convention.

VII.ELECTION OF OFFICE-BEARERS AND WORKING, COMMITTEE MEMBERS :

The Office- Bearers, viz. the President, Vice- Presidents, General Secretary, Secretaries and Treasurer and 40 members of the Working Committee shall be elected by the triennial congestion from amongst the delegates.

VIII. GENERAL COUNCIL :
The General Council shall consist of :
(a) All the Office-bearers;
(b) Members of the Working Commirree;
(c) All the Office-bearers and Members of tne State Councils Union Territoty Coumcils and
(d) Such Office-bearers and the Members of the National Working Committees of the National Industrial Federations as are Office-bwarers/Members of HMS affiliated Unions

IX.QUALIFICATION FOR OFFICE :

(i) No candidate shall be eligible for election to the post of an office-bearer or a member of the working committee or a member of the general council unless he is delegate and the organization /organizations respected by him have paid the fees provided in clause IV.
(ii) An –bearer or a member of the working Committee shall cease to hold this post he is ceases to be a member of the affiliated organization from which he was a delegate at the previous national conventional which he was elected or on account of the affiliated organization ceasing to be an affiliated of the SABHA .
(iii) A member of the General Council who ceases to be a member of the affiliated organization which he represented at the time of his ellectionto the General Council or on account of the affiliated organization ceasing to be affiliated to the SABHA shall cease to be a member of the General Council. In the event of any such member having been a delegate of more than one affiliate at the Convention this rule will apply if he ceases to be a member of all such affiliated , or if all such organizations cease to be affiliated to the SABHA

X.METHOD OF VOTING :
voting will be ordinarily by show of hands but shall be by card voting in the following cases (i) The election of toffices-bearer and member of the Working Committee shall be by cards voting under a system of distributive votes .
(ii) A decision of revolution of political nature shall be adopted by card voting. (iii) On any other matter , a decision shall be taken by card voting, if so demanded at the
meeting.
(iv) For the purpose of card voting - a. A delegate shall not cast more than ten card voter .
b. A delegate/delegates who will exercise right to cast votes as above will have to be authorized by a resolution in a prescribed passed by the Managing Committee of the Trade Union concerned authorizing him / them to cast card votes , and the revolution will be submitted by the General Secretary of the concerned affiliated union to the National Headquarters of the SABHA.

XI.VACANCIES :
Vacancies amongst the office-bearers or member of the working committee or member of General Council may be filled by co-option by the working committee

XII.ORGANISING SECRETARIE
Not more than five Regional Organizing Secretaries shall be appointed by the General Secretary subject to the approvel by the Working Committee

XIII.MEETING :
(i) The General Council shall ordinarily meet every alternate year in which the Triennial Convention may not be held . The Working Committee Shall ordinarily meet once in three month .
(ii) The General Secretary shall convene the meeting of the General Council or the Working Committee shall fix the date , time and place of such meetings consultation with the President
(iii) At least 30 days notice shall be necessary for the meeting or the Working Committee except any case of any emergency or urgent business . In the latter cases at least five days ; notice shall be given .
(iv) At least 15 days notice shall be necessary for the meeting of the General Council except in case of any emergency or urgent business . In the latter cases , at least 10 days notice shall be given .
(v) a. A special meeting of the General Council or the Working Committee shall be convened on a requisition by the not less than one-third of the total number of member of the General Council or the Working Committee as the case may be .
(vi) b. Such special meeting shall consider only those specific questions stipulated in the notice of requisition.
(vii) c. On receiving requisition , the General Secretary shall convene the meeting within 21 days , falling which five of requisitionsts authorised by the signatories on the requisition shall have a right to convene the meeting . The notice period of the General Council Meeting shall be 30 days and shall send notices to all the members concerned , by registered A.D. ; for the purpose and for the Working Committee 15 days .

XIV.QUORUM :
(i) The quorum for the meetings of the General Council and the Working Committee shall be one-third of the total number of member of Working Committee and one-fifth of the member of the General Council .
(ii) In case there is no Quorum for the meeting , the chairman of the meeting shall adjourn the meeting and the adjourned meeting can be held at the same place after half an hour without quorum provide it is so specifically mentioned in the notice of meeting.

XV.DECISIONS :
(I) All issues of resolution coming for decision before convention , the General Council and the Working Committee shall be decided by a majority of votes .
(II) Decision and Resolution of political nature ,however, shall be taken by a three-forth majori

XVI.STATE / UNION TERRITORY COUNCILS :
(i) Affiliated organizations from each state or union territory shall constitute a State/ Union Territory Council .
(ii) The State / union Territory Council will have a Constitution as a prescribed by a Working Committee .

XVII.DISTRICT COUNCIL :
The State / Union territory Council shall have a right to set up District Councils wherever necessary and to prescribed constitution for them.

XVIII.INDUSTRIAL FEDERATIONS :
The Working Committee shall have the right to organise Industrial Federation in the order to discuss and decide issue concerning the particular industries , and for which a constitution will be prescribed by the Working Committee XIX.CONVENTIONS :
(I) The National Convention of The SABHA shall be held once in three years at such place as may be determined by the Working Committee . The General Secretary shall convene the National Convention as decide by the Working Committee by giving three month notice . The Working Committee by two-third majority may advance or postpone the National Convention due to be held under this clause by not more than 12 month.
(ii) Affiliated organizations shall be entitled to be reoresented st the Nationsl Concention by one delegate for ecery 500 members ora major fraction there of subject to a minimum of one delegate for each
(iii) Only a member of an affiliated organization can be a delegate from that organization to the Nationsl affiliated union procided that they have paid the fiis prescrided in Clause Concention.
(iv) The President shsll predide at the National Convention as well as any Special Convention that may ce hele euring his term of office. On his absence one of the Vice-Presidents shall preside.
(v) (a) Special Convention may be called by the General Council or the Working Committee whenever they think it necessary.
(b) It shall be called by the Working Committee on the requisition of affiliated organization or organizations whose collective membership is not less than one third of the total membership of the Sahba. The Special Convention shall consider only those specific questions stipulated on the notice of requisition.
(vi) Provisions for the National Convention under this Clause regarding the composition of the Convention, the qualification of delegates, the method of voting, periof of notice etc. shall be also applicable to the Special Convention.

XX.FUNDS :
(i) The funds of the SABHA shall consist of affiliation fees levies and contributions received for the purpose of the furtherance of the aims and objects of the SABHA.

(ii) The funds of the SABHA shall be deposited in a bank or banks to be approved by the Working Committee on the name of the SAHHA and the account shall be operated by the Treasurer, the General Secretary and the Secretary or any two of them of whom the Treasurer shall be one.

(iii) The accounts of the SABHA shall be audited annually by a chartered accountant to be appointed by the Working Committee.
(IV) It will be the duty of the Treasurer to ensure proper maintenance of the accounts on behalf of the working Committee tor being submitted to the National Convention.

XXI.DISCIPLINE AND INTERNALDISPUTES :
(a) If there are disputes on the functioning of State Council or between affiliates or of any other nature the Working Committee may make due inquiry and take appropriate action.

(b) The Convention or the Working Committee may set up a Tribunal of not more than 3 persons who are not members of the Working Committee, which will have the power to decide all disputes, including matters of interpretation of the Sabha's Constitution and the bye-laws and standing orders that may be framed by the Corking Committee or General Council or a Convention of the SABHA. Any appeal against any decision of the Tribunal will lie with the National or Special Convention of the SABHA.

XXII.STANDING RULES :

The Working Committee shall have powers to make such standing Rules as may be found necessary, not inconsistent with the provisions of the Constitution, and in particular on questions relating to :

(a) Determination of membership and bonafide character of an affiliated organization or an organization seeking affiliation.

(b) Duties and functions of Office-bearers.

(c) Arrangements for National or Special Convention and voting procedure.

(d) PROPOSITIONS TO BE PLACED BEFORE THE National or Special Convention.

(e) Selection of National and international delegations.

(f) Disbursement of the funds of the SABHA.

XXIII.AMENDMENTS TO THE CONSTITUTION :

A convention may make any amendment to the Constitution of the SABHA that it deems necessary by a two-thirds majority provided 45 days' notice regarding such amendment has been given.

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