(As
amended at Bhopal Convention, 1996)
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1.
NAME
The
name of the organisation shall be "BHARATIYA MAZDOOR SANGH"
hereinafter referred to as BMS.
2.
JURISDICTION
The
jurisdiction of BMS shall extend to the entire Bharat.
3.
CENTRAL OFFICE
The
Central Office of BMS shall be at Delhi or at such other place as
the Kendriya Karya Samiti of BMS may decide from time to time.
4.
AIMS AND OBJECTS
The
Aims and Objects of the BMS shall be:
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(a)
To establish ultimately Bharatiya order of society in which there
shall be secured among other things: |
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(i)
Complete utilisation of manpower and resources leading to full employment
and maximum production;
(ii)
Replacement of profit motive by service motive and establishment
of economic democracy resulting in equitable distribution of wealth
to the best advantage of all individual citizens and of the Nation
as a whole;
(iii)
Promoting of autonomous industrial communities forming part and
parcel of the nation, culminating in 'Labourisation of Industry';
(iv)
Provision of work with living wage to every individual through maximum
industrialisation of the Nation.
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(b) |
With
a view to enable the worker^ to strive successfully for the ultimate
realisation of the above objects and in the mean while, to strengthen
them to make their own contribution to the cause of protecting and
promoting their interest consistent with those of the community: |
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(i)
To assist workers in organising themselves in trade unions as *a
medium of service to the Motherland irrespective of faiths and political
affinities9;
(ii)
To guide, direct, supervise and co-ordinate the activities of the
affiliated unions;
(iii)
To constitute Pradesh Units and Akhil Bharatiya Industrial Units
as constituents of BMS; and
(iv)
To enable the workers to strive to bring about unity in the Trade
Union Movement.
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(c) |
To strive
to secure and preserve the following for the workers: |
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(i)
The right to work, Ac right to receive maintenance when out of job,
the right to security of service and to social security and the
right to strike as a last resort after having exhausted other legitimate
means of trade unionism for redressal of grievances;
(ii)
Improvement in conditions of work, life and social and industrial
status;
(iii)
Living wage consistent with the national economic level;
(iv)
Due share in the profits in their respective industries as partners;
(v)
Other appropriate amenities
(vi) Effective, expeditious enforcement and appropriate amendment
in existing labour legislation; and
(vii)
Enactment of new simplified and integrated labour law in consultation
with the labour representatives.
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(d) |
To inculcate
in the minds of the workers, the spirit of service, co-operation and
devotion to duty and develop in them a sense of responsibility towards
the Nation in general and industry in particular. |
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(e) |
To educate
the labour by organising workers Vocational and Educational training
classes, study circles, guest lectures, seminars, symposia, excursions
etc, in co-operation with institutions / organisations such as the
Central Board of Workers Education, Labour Research Centres, Universities,
National Productivity Council, National Safety Council etc., and also
to maintain libraries for the above purpose. |
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(f) |
To publish
or cause publication of journals, periodicals, pictures, books and
any other type of literature and to produce Audio-Video Cassettes
and any other type of study material mainly concerning with labour
for their moral and ethical upliftment, cultural and social development,
environmental protection and safety and their other interests and
to purchase, sell, circulate such literature. |
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(g) |
To establish
and organise Labour Research Centres at appropriate places and encourage
dissemination of their findings and other similar activities for the
benefit of Trade unions, workers, researchers, sociologists, government,
and other socio-economic organisations. |
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(h) |
To take
such other steps as may be necessary to ameliorate the social, economic,
cultural, civic, ethical and moral and general conditions of the workers
and their families. |
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(i) |
To render
assistance or to establish welfare institutions etc. and through other
legitimate means to encourage workers in the process of Labourisation
in their enterprises whereby they would attain different levels of
management and ownership of their enterprises. |
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(j) |
To organise,
co-ordinate, guide and supervise the activities of employees Organisations,
Associations or Unions of self-employed persons and like who are not
normally covered under the Labour Laws. |
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(k) |
To inculcate
in the minds of the workers the spirit of nationalism, to encourage
the spirit of treating the entire society as a single family avoiding
the concept of class struggle. |
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(l) |
To encourage
and promote the spirit of Swadeshi and environmental protection, public
safety in common and workers safety at industrial level in particular. |
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(m) |
To do
all such acts as are ancillary or conductive to the achievement of
above objects. |
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MEANS |
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the furtherance and realisation of the aims and objects mentioned
above, BMS shall employ all legitimate means, consistent with the
spirit of nationalism. BMS, accordingly, shall function as a non-political
genuine trade union organisation. |
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AFFILIATIONS |
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(a) |
Any
registered trade union or a registered state federation formed by
registered trade unions in a particular industry or avocation or any
registered association satisfying the following conditions shall be
eligible to seek affiliation of BMS: |
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(1)
A trade union/State Federation/Association seeking affiliation shall
accept the aims, objects, means and constitution of BMS and rules
and regulations framed there under from time to time;
(2)
The monthly membership subscription rates of the affiliated Unions/State
Federations/ Association shall not be less than that decided by
the Kendriya Karya Samiti of BMS provided however, that the Kendriya
Karya Samiti of BMS may on application of Union/Federation/ Association
may allow lesser rate of subscription.
(3)
The Union/State Federation/Association shall apply for affiliation
and the same shall be granted after fulfilling the conditions prescribed
under rules.
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(b) |
The
Union/State Federation/Association shall be disaffiliated by the Disciplinary
Committee constituted by the Kendriya Karya Samiti of BMS for any
acts of omissions and commissions prejudicial to the interest of BMS,
contrary to the constitution of BMS and rules made thereunder and
the discipline of BMS and for wilful disobedience of the decisions
of Akhil Bharatiya Industrial unit, Pradesh unit or Central BMS, for
its failure to pay affiliation fee, contributions, special levies
within prescribed period, failure to implement directives and for
any other irregularity after giving adequate opportunity to explain
the reasons for such acts provided such union/State Federation/ Association
may be re-affiliated on such terms and condition as may be laid down
by the Kendriya Karya Samiti of BMS on appeal as per rules. |
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(c) |
No affiliated
union/ State Federation/ Association shall be entitled to withdraw
its affiliation without giving three months notice to BMS. |
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(i)
RIGHT AND PRIVILEDGE OF THE AFFILIATED UNIONS/ STATE FEDERATIONS /ASSOCIATIONS |
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(i) |
(a)
To nominate representatives to the Kendriya Pratinidhi Sabha and Pradesh
Samiti as per Constitution.
(b)
To use flag and symbol of BMS.
(c)
To represent BMS in various Local, State level or National level
committees/ Boards constituted by the appropriate Govt. on nomination
by and as per conditions of BMS.
(d)
To get assistance and guidance from BMS in resolving industrial
disputes such as legal advice in nominating representatives for
negotiations etc., to conduct the affairs of the unions in redressal
of grievances of members.
(e)
To represent BMS in Seminars/ Study Classes/ Study Tours/ Conferences,
in Bharat and abroad as and when nominated and as per the conditions
laid down by BMS.
(f)
To raise special funds with prior permission of the respective Akhil
Bharatiya/ State unit of BMS.
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(ii) |
The
Union/ Federation/ Association losing its affiliation shall forfeit
all rights and privileges of affiliation. |
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CONSTITUENTS OF BMS |
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constituents of BMS shall be : |
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(a) Affiliated
Unions
(b) Affiliated
State Industrial Federations
(c)
Pradesh BMS Units
(d) Akhil
Bharatiya Industrial Units
(e) Kendriya
Karya Samiti
(f)
Kendriya Pratinidhi Sabha
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PRADESH
UNITS AND Akhil Bharatiya INDUSTRIAL UNITS OF BMS |
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(a)
The Kendriya Karya Samiti shall organise and constitute different
Pradesh BMS Units and Akhil Bharatiya Industrial Units with suitable
Headquarters.
(b)
Each Pradesh BMS unit and Akhil Bharatiya Industrial Unit will have
its own constitution for smooth functioning of the Units and the
same shall be in consonance and consistent with the constitution
of BMS.
(c)
Subject to general supervision and control of BMS Kendriya Karya
Samiti, Akhil Bharatiya Industrial Units shall have powers of operations
and dealing with their respective constituents in consultation with
the respective Pradesh BMS Units. In case of differences the matter
shall be referred to Central BMS.
(d)
The Pradesh BMS and Akhil Bharatiya Industrial Units shall submit
to the Kendriya Karya Samiti periodical report of their activities
and also submit accounts duly audited by a chartered accountant.
(e)
The Pradesh BMS Units shall collect Levies, Contributions etc. and
pay the same to the Central Office of BMS within the prescribed
time. Affiliation Fee as prescribed by Kendriya Karya Samiti of
BMS shall be collected by the Pradesh Units and shall be remitted
to Central BMS. The Pradesh BMS Units and Akhil Bharatiya Industrial
Units may collect Levies, Contributions from the unions of their
respective jurisdiction as per their constitution for themselves.
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KENDRIYA PRATINIDHI SABHA |
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(a) |
The
Kendriya Pratinidhi Sabha shall consist of following delegates: |
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(i)
Office bearers and members of:
a.
Kendriya Karya Samiti
b.
Karya Samiti of Pradesh Units
c.
Karya Samiti of Akhil Bharatiya Industrial Units
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(ii)
Two members nominated by:
a.
District units of BMS
b.
State Industrial Federations
c.
Akhil Bharatiya registered trade unions.
(iii)
One delegate nominated by the executive committee of affiliated
registered union having membership up to 1000 and two delegates
nominated by executive committee of such unions having membership
above 1000.
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(b) The
Kendriya Pratinidhi Sabha shall be the Supreme body of BMS. The
Pratinidhi Sabha will generally meet after every three years for
its general meeting. Special session of the Pratinidhi Sabha may
also be convened for a specific purpose.
(c)
On requisition from at least 1/3 of the total numbers of Pratinidhi
Sabha, the General Secretary shall call special session of the Pratinidhi
Sabha of BMS within two months from the receipt of requisition for
the specific purpose mentioned in it.
(d) Business
of Kendriya Pratinidhi Sabha:
The
triennial general meeting of the Pratinidhi Sabha shall receive
and adopt general secretary's report, the audited statements of
accounts of BMS for the proceeding term and shall elect the office
bearers of Kendriya Karya Samiti.
(e) OFFICE
BEARERS:The Kendriya Pratinidhi Sabha shall elect at its triennial
general meeting the following office bearers of the Kendriya Karya
Samiti:
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(i)
One President
(ii)
Vice President — not more than five
(iii)
One General Secretary
(iv)
Secretaries — not more than eight
(v)
One Finance Secretary
(vi)
One Deputy Finance Secretary
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Provided
that Kendriya Pratinidhi Sabha shall also elect one Working President
and/ or one Dy. General Secretary if Kendriya Karya Samiti recommends. |
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KENDRIYA KARYA SAMITI |
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(a) |
The
Kendriya Karya Samiti shall consist of the office bearers elected
by the Kendriya Pratinidhi Sabha and |
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(i)
Akhil Bharatiya Organising Secretaries, Zonal In charge and Akhil
Bharatiya Industrial Units group in charges.
(ii)
The General Secretaries of the Pradesh BMS units shall be ex-officio
members of the Kendriya Karya Samiti. The Predecessor of the General
Secretary of Pradesh Unit of BMS in office may however, in the discretion
of the Akhil Bharatiya General Secretary of BMS be invited to attend
the meetings of the Kendriya Karya Samiti, for such period as he
may decide.
(ii)
The General Secretaries of the Akhil Bharatiya Industrial Units
of BMS to be specified by the Genera! Secretary.
(iv)
Not more than fifteen other persons to be co-opted by the Kendriya
Karya Samiti, which shall among others, ensure proper representation
to women.
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(b) |
The
Kendriya Karya Samiti shall: |
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(i)
Take all appropriate steps necessary to carry out the work and the
general administration of BMS in accordance with the resolutions
and directions of the Kendriya Pratinidhi Sabha and exercise all
the powers of the Kendriya Pratinidhi Sabha in between its two consecutive
sessions;
(ii)
Appoint the committees and subcommittees as and when necessary.
Committees
so appointed shall carry out the functions pertaining to their respective
fields and such other functions as may be specifically allotted
to them by the Kendriya Karya Samiti. They shall submit their report
to the Kendriya Karya Samiti;
(iii)
Frame rules for affiliation of the unions, composition of Pradesh
Units and Akhil Bharatiya Industrial Units etc;
(iv)
Fix and declare the dates, the venue and the agenda for the Kendriya
Pratinidhi Sabha meeting and fix delegate-fee;
(v)
Guide and regulate the working and conduct of all the constituent
units of BMS;
(vi)
Deal with any emergency by taking appropriate decisions and actions;
vii) (Vii)
Generally undertake all such activities as are calculated to protect
and promote the interests of the labour in general and BMS in particular;
(viii)
Will fill, through co-option, the vacancies caused due to resignation
or death of a member or office bearer of the Kendriya Karya Samiti:
(ix)
Accord sanction to the applications forwarded for affiliation to
it by Union and state Federation/ Associations as per rules;
(x)
Have power to reject any application for affiliation for reasons
to be recorded and communicated to the concerned union/ State Federation/
Association through Pradesh BMS Unit. However, such organisation
may again apply for affiliation as per rules after removing the
deficiencies pointed out by Kendriya Karya Samiti, which may reconsider
such application.
(xi)
have right to appoint adhoc committee in case of suspension or dissolution
of Pradesh BMS Unit/ Akhil Bharatiya Industrial Unit. In case Kendriya
Karya Samiti is not in session, the adhoc committee shall be constituted
by the General Secretary in Consultation with President subject
to subsequent ratification by Kendriya Karya Samiti;
(xii)
Meet at least twice in a year.
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QUORUM |
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(a)
Quorum for the general meeting of the Kendriya Pratinidhi Sabha
shall be l/5th of the total number of delegates or 100 whichever
is less.
(b)
Quorum for the meeting of Kendriya Karya Samiti shall be l/3rd of
its total members.
(c)
No quorum will be required for the meetings adjourned for want of
quorum.
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POWER AND DUTIES OF
OFFICE BEARERS |
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(1)
THE PRESIDENT:
The President shall preside over the meetings of the Pratinidhi
Sabha and Kendriya Karya Samiti and preserve order, sign all minutes
and shall exercise a casting vote only. He shall have the power
to call special meeting of the Kendriya Karya Samiti whenever necessary.
He will tour throughout the country to supervise and sponsor BMS
work. He will also help in bringing about cohesion and co-operation
in the different constituent units of BMS.
(2)
THE WORKING PRESIDENT:
The working President will generally help the President in his
duties and also carry on the functions of President in his absence.
(3)
THE VICE PRESIDENT:
The Vice-Presidents will help the President generally by working
on the assignments entrusted to them by him and one of them shall
act as President during the absence of President and Working President.
(4)
THE GENERAL SECRETARY:
The General Secretary shall conduct all business of BMS. He
shall conduct all correspondence, convene all meetings, and exercise
supervision over the offices of BMS. He shall see that the annual
accounts of BMS are properly maintained, audited and placed before
Kendriya Karya Samiti and Kendriya Pratinidhi Sabha. He shall also
be responsible for all correspondence with the Government He shall
submit to die general meeting of the Kendriya Pratinidhi Sabha a
triennial report of the working and activities of BMS. He shall
issue Affiliation Certificates to the Unions/State Federations/Associations
applying for the same. He will nominate the Office Secretary and
if necessary, the Assistant Office Secretary, for the central office.
Zonal In charges for the respective zones. Akhil Bharatiya group
in charges for respective groups of industries and Organising Secretaries
for their respective areas for organising purpose in consultation
with the President. He shall engage, subject to the approval and
confirmation of the Kendriya Karya Samiti, any number of assistants
for clerical and office work as he considers necessary and they
will be under his direct control. He shall take all such steps so
as to bring about co-operation and cohesion amongst all constituent
units of BMS and shall guide, supervise and control their finances
and activities. The General Secretary may invite specific individuals
to attend the meeting of Kendriya Karya Samiti. The General Secretary
shall have powers to sanction the payments up to Rs. 10,000/- and
place before the Kendriya Karya Samiti for its approval. He shall
be empowered to receive loans against fixed deposits or in any other
way and place before Kendriya Karya Samiti for its approval.
(5)
THE DEPUTY GENERAL SECRETARY:
The Dy. General Secretary shall generally help *he general secretary
in his duties and also shall carry on the functions of the general
secretary in his absence.
(6)
THE SECRETARIES:
The Secretaries will help the General Secretary in discharge
of his duties and carry out such jobs, as may be assigned to them
by the General Secretary.
(7)
THE FINANCE SECRETARY:
The Finance Secretary shall be responsible for all the sums
of money which may from time to time be paid to BMS by its constituent
units or the sums raised by way of donations, special levies etc.
from time to time by BMS. He shall arrange payments towards all
expenditures sanctioned by the General Secretary. He shall be responsible
to operate the bank account or accounts of BMS and keep a correct
account of all receipts and payments. He shall be responsible for
getting the accounts audited annually and to present the same to
the Kendriya Karya Samiti for its approval. He can spend an amount
not exceeding Rs. 1,000/- subject to its subsequent sanction by
the General Secretary. He shall submit to the triennial General
Meeting of the Kendriya Pratinidhi Sabha, the previous three years
audited statement of accounts of BMS.
(8)
THE DEPUTY FINANCE SECRETARY:
The Deputy Finance Secretary shall assist the Finance Secretary
to maintain the accounts of BMS and carry out such other duties
as are assigned to him by the Finance Secretary. As far as possible
he will be resident of the place where central office of BMS will
be located.
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| 14.
SECRETARIAT |
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will be a Secretariat consisting of President, General Secretary,
and Deputy General Secretary, if any. Organising Secretaries, Secretaries,
Finance Secretary, Deputy Finance Secretary and Office Secretary to
assist the General Secretary in the execution of the decisions taken
by the Pratinidhi Sabha and Kendriya Karya Samiti. The meeting of
the Secretariat will be convened by the General Secretary from time
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FUNDS |
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(a)
The funds of BMS shall consist of Application and Affiliation Fees,
levies, contribution from unions, delegate fees, grants receive
J for furtherance of the aims and objects of BMS including those
received for furthering the Workers' Education Scheme, donations,
interest received on investments, bonds etc. and any other money
received from any other sources including loans and advances. All
the funds so received shall be deposited in Scheduled Bank excluding
Foreign Bank approved by the Kendriya Karya Samiti to be operated
jointly by such of its office bearers as may be authorised by the
Kendriya Karya Samiti from time to time. Cash not more than Rs.
5,000/- will be kept in safe custody in the Central Office.
(b)
The Finance Secretary shall be responsible for all collections of
money, which may from time to time be paid to the organisation.
The Finance Secretary shall administer the funds and other assets
of BMS.
(c)
BMS with the prior approval of Kendriya Karya Samiti may purchase,
take on lease or own in any other legal manner in its name or in
the name of the trust formed by it, any property for the purpose
of conducting its affairs and may delegate the authority of selling,
furnishing and administering or otherwise for dealing in such properties
to any member of the Kendriya Karya Samiti for and on behalf of
BMS.
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16.
DISPUTES
All disputes between the constituent units of BMS shall be referred
to and resolved by the Kendriya Karya Samiti. The parties concerned
shall have a right to appeal to the Kendriya Pratinidhi Sabha whose
decision shall be final. Any party referring any such dispute to
any outside authority, tribunal or court without exhausting the
aforesaid provisions shall be liable to disciplinary action and
the decision taken in this respect by the Disciplinary Committee/
Kendriya Karya Samiti of BMS shall be final and binding.
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SUSPENSION & REMOVAL |
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(a)
The Disciplinary Committee consisting of at least three members,
constituted by the Kendriya Karya Samiti shall have power to suspend/remove
any member from the office or membership of any of its constituent
units.
(b)
The Disciplinary Committee shall also have power to direct any affiliated
union or Association to suspend o1' remove any
of its office bearer or members.
(c)
The person aggrieved by the decision of Disciplinary Committee shall
have right to appeal to the Kendriya Karya Samiti within a period
of thirty days from the date of its receipt. The decision of Kendriya
Karya Samiti will be binding and final.
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18.
DISCIPLINARY ACTION
If any constituent unit or any of the members thereof is guilty
of breach of constitution or of any such act of commission or omission
as is detrimental to the interests of BMS, the Disciplinary Committee
constituted by Kendriya Karya Samiti shall after giving the unit
or the member concerned an opportunity of being heard, take such
disciplinary action as it thinks appropriate.
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19.
AMENDMENTS
The Kendriya Pratinidhi Sabha in its Triennial or special session
shall have a right to make any additions to or alterations in the
constitution by a majority of two third of the delegates present
and voting, provided that a prior notice specifying the proposed
change or amendment is given.
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20.
POWER TO MAKE RULES
The Kendriya Karya Samiti shall have power to make rules on
the following matters:
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(a)
Affiliation of Unions/State Federation/Association
(b)
Affiliation fees and mode of recovery
(c)
Submission of accounts of the constituents of BMS
(d)
Regulation of Funds of BMS, including those raised through souvenirs,
purses etc.
(e)
Movable and immovable property of BMS and its affiliates
(f)
Election to various bodies of BMS
(g)
Appeals
(h)
Appointment of employees, their wages and service conditions
(i)
Financial Assistance to Constituents and its members, activist etc.
by way of monetary assistance, medical aid, subsistence allowance
etc.
(j)
Forms for applications and records etc.
(k)
Any other subject/matter which Kendriya Karya Samiti deems fit
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