ARTICLE – I
- Name :
The name of the Federation shall be “ALL INDIA UNION BANK OFFICERS’ FEDERATION” and it shall be referred to hereinafter as “the Federation”.
ARTICLE – II
- Registered Office :
The Federation shall have the following as its Registered office:
C/o Union Bank of India
Union Bank Building, 5th Floor
66/80, Bombay Samachar Marg
Bombay – 400 023.
- Central Office :
The Central Office of the Federation shall be at the place from where the General Secretary functions or at any other Centre as may be decided by the Central Committee from time to time and shall be known as the Head quarters of the Federation.
- Jurisdiction :
The jurisdiction of the Federation shall extend to the whole of the territory of the Indian Union. However, for the purpose of legal proceedings against the Federation, the jurisdiction shall be limited to the place(s) where the Central Office of the Federation is located.
ARTICLE – III
- Aims and objects:
The aims and objects of the Federation shall be:
- To foster a spirit of co-operation and to co-ordinate the activities of the Associations (hereinafter referred to as “Units”) that may be affiliated to it.
- To maintain and promote amongst the members in the service of Union Bank of India, a spirit of service to the Bank’s constituents and the public generally and of loyalty towards the institution; to take all steps to maintain a standard of efficiency and upright conduct consistent with the traditions of the Bank.
- To protect and promote the interests, rights and privileges of the officers, in all matters relating to their emoluments, incentives, bonus, service conditions, employment, retirement benefits, housing, health and other amenities etc.; to make representations to the authorities in this connection and to take any other steps from time to time necessary for the betterment of the Officers and for the redress of their grievances and above all to base the relations of the Officers with the Bank on principles of human dignity and respect.
- To raise, borrow or secure money by subscriptions, donations, levies or loan from the members/units or others, as may be considered necessary for the furtherance of the objects of the Federation and to have account/s with the Bank/s for the purpose.
- To invest and deal with the Funds of the Federation, not immediately required, in such a manner as may be determined from time to time.
- To provide funds for legal advice sought and proceedings undertaken by the Federation with a view to securing or protecting any legitimate rights of its members.
- To provide legal assistance to its member/s in respect of disputes arising out of and incidental to their employment.
- To organize social, cultural and educational activities for members and their families.
- To consult, to co-operate or to federate with similar other Associations/Federations or bodies in India and outside.
- To file applications and/or appear through representative/s or counsel at Tribunals, Courts, Commissions etc. were in the opinion of the Central Committee; it is expedient to do in the interest of the Federation or Members thereof.
- To delegate representatives to bodies in which the Federation may be interested from time to time.
- To take up for representation with the Management any individual issue or issues at the request of its member/s/Units.
- To arbitrate between any Unit and its member or members in the event of any dissension between them.
- To do all such other acts as are incidental or conducive to the attainment of the above objects.
- To run the welfare schemes for the members under the supervision of Central Committee.
- To own, acquire, purchase, sell or lease property including immovable property for carrying on the activities of the Federation.
- To edit and publish books, periodicals, voicing among other matters, grievances of the officers and containing matters interest to them, for circulation amongst all the officers of banks.
- Administrative Set-up :
- The administrative set up of the Federation shall be :
- Central Office
- State Affiliates.
- Central Office :
The Central Office of the Federation shall be in the charge of the General Secretary, assisted by other office-bearers stationed at the Head Quarter of the Federation.
- State Affiliates :
The Federation may established various Units, herein after referred to as affiliate, which carries out the activities of the officers movement within a specified geographical area as per the direction of the Central Committee, duly ratified by the General Council. Each affiliate shall have the membership of the officers serving within their jurisdiction only. Since any officer who wishes to join our movement, subscribes to the ideology/ constitution of the affiliate, which in turn subscribes to the ideology/ constitution of the AIUBOF and AIBOC. In other words all the members have directly or indirectly subscribed to the ideology/ constitution of the affiliate (within whose jurisdictional area he is serving), AIUBOF and the AIBOC simultaneously. It is therefore in the fitness of the case and for the administrative convenience that the membership of the member, on transfer to the other region, is automatically shifted to the affiliate where he /she is presently posted. In this way continuity in the membership can be ensured.
The affiliate in his jurisdictional area of operation has to formulate a constitution (which cannot be inconsistent to the ideology of the Federation or its constitution) and work in accordance to the same. The affiliates have all the freedom to streamline their day to day working and serve the officers community in accordance to their own constitution as well as to the ideology and the constitution of the Federation. The affiliate has to follow certain dos and don’ts which otherwise constitutes indiscipline and may attract disciplinary proceeding.
- The affiliate is inseparable part of the Federation, the constitution of the affiliate should declare that it can never de-affiliate itself from the AIUBOF. Since the officer members have not subscribed to the constitution of the Affiliate only rather their subscription is for the affiliate/AIUBOF/AIBOC, therefore dis-association of any member officer shall be thru a written document specifically mentioning his resignation from the affiliate/AIUBOF /AIBOC.
- Each affiliate can have the membership of serving officers in its fold and therefore all the administrative/ constitutional posts are to be assigned to serving officers only.
- Each affiliate has to carry out the General Body Meeting, herein after referred to as GBM, within a period not exceeding 3 years from the last held GBM, with any extended period in line with the constitution of the AIUBOF. The affiliate has to give 60 days prior intimation to the AIUBOF to ensure that the GBM of the affiliate is carried out in observance of two observers appointed by the AIUBOF. The observers have to file their report to the General Secretary of the AIUBOF stating that the GB of the affiliate has been conducted in accordance with the constitution of the affiliate.
ARTICLE – IV
- Membership and qualification :
The membership of the Federation shall be open to all Officers in the active Service of the Union Bank of India, through the respective affiliate.
The membership of the Federation comprises of the following
- Union Bank Officers’ Association, Maharashtra State
- Union Bank of India Officers’ Association, Greater Mumbai Circle.
- Union Bank officers’ Association, Gujarat, Diu, Daman & Dadra Nagar Haveli
- Union Bank Officers’ Association, West Bengal & Sikkim
- Union Bank Officers’ Association, Bihar State
- All Orissa Union Bank Officers’ Association
- Union Bank Officers’ Association, North Eastern Region
- Union Bank Officers’ Association, U.P. (C & W) & U.T.
- Union Bank Officers’ Association, (Eastern U.P.)
- Union Bank Officers’ Association, Delhi Region
- Association of Union Bank Officers’ Rajasthan States
- Union Bank Officers’ Association, Punjab & J.K.
- Andhra Pradesh Union Bank Officers’ Association
- Union Bank of India Officers’ Association, Tamilnadu
- Union Bank Officers’ Association, Kerala
- Union Bank of India Officers’ Association, M.P.
- Union Bank Officers’ Association Chattisgarh
- Union Bank Officers’ Association, Chandigarh Region.
- Union Bank of India Officers’ Association, Unit Karnataka
- Union Bank of India Officers’ Association, (Goa)
- Union Bank Officers’ Association, (Jharkhand)
- Union Bank Officers’ Association, Durgapur & Howrah
and of any other Association of Officers’ of our Bank that may hereafter be formed, with the approval of the Federation.
These Associations shall hereinafter be referred to as “the Units”.
- Annual Subscription :
Every “Unit” shall pay annual subscription at the rate of Rs.250/= per member out of which Rs.50/= will be contributed towards Welfare Fund. Such subscription shall be payable for the full year in advance.
- Acts of Indiscipline
- For members / unit
- If he chooses to act against the objects, ideals, rules, principals and the established practices of the federation.
- If he chooses to defy any of the directives of the federation without assigning any reason for doing so.
- If any of their act or acts are such which is tarnishing the image of the Federation and doing anything which has the bearing on the prestige, working, objectives or the welfare of the members of the Federation.
- If any of the act is directly or indirectly aimed at obstructing the normal functioning of the Federation or any of its functionary, which has bearing on the welfare of the officers’ community.
- If any member is in direct communication with the Management at the Central Office of the bank or with any other organization in contravention to aims, objects and operational system of the Federation and may result in tarnishing of the image of Federation.
- If any member takes a legal recourse for settlement of a dispute without exhausting the in house mechanism for its resolution available under the constitution.
- If any member who contest the election process and refuse to sign or leave the venue without signing the result sheet. He has also to seek prior approval of the Returning officer before leaving the hall, where the election process is being conducted.
- For Unit
The following acts of the unit shall stand the scrutiny
- If the unit refuses to abide by the directions of the CCM, passed by the simple majority, without assigning any reasons for not having done so.
- If the unit fails to pay the yearly subscription of the Federation despite repeated reminders.
- If the unit is not represented by any of the office bearers of that unit, designated as office bearer/s of CCM or working Committee of the Federation continuously in three meetings of the Federation, without any reasons.
- Without prejudice to the above clause the Central Committee may debar the Affiliate from participating in the meeting of the General Council till arrears of subscription are cleared.
4.3.1 In case the member officer, other than the General Secretary of the affiliate, belonging to any affiliate is indulging in any of the acts as mentioned above, the state unit has a responsibility of taking appropriate action against the concerned member officer after going thru the proper process which takes care of the natural justice being observed towards the concerned member.
4.3.2 In case of the General Secretary, of any affiliate, either indulging himself of the above acts or does not take any action against the erring member who continues with the above acts, in such case the matter may be discussed in the CCM and if approved by the majority vote the case can be referred to special Committee appointed for the purpose.
ARTICLE – V
- Register :
The Federation shall keep a register of all members of its affiliated units giving their names, their place of work, their residence etc. at its Central Office. The Register shall be open to inspection by any member/affiliate after giving 24 hours advance notice in writing to the General Secretary.
ARTICLE – VI
- The affairs of the Federation shall be conducted through :
- General Council
- Central Committee
- Working Committee consisting of all General Secretary of the State Units & Principal Office Bearers of the Federation.
- Central Office of the Federation at the place of the General Secretary.
- General Council :
- The General Council shall comprise of the delegates from the units in the following proportion :
|Strength of Membership||No. of Delegates entitled to depute|
|Upto 10 Members||1|
|Upto 20 Members||2|
|Upto 40 Members||3|
|Upto 60 Members||4|
|Upto 80 Members||5|
|Upto 100 Members||6|
|Upto 140 Members||7|
|Upto 180 Members||8|
|Upto 220 Members||9|
|Upto 300 Members||10|
|Upto 350 Members||11|
|Upto 400 Members||12|
|Upto 450 Members||13|
|Upto 500 Members||14|
|Upto 600 Members||15|
|Upto 700 Members||16|
|Upto 800 Members||17|
|Upto 900 Members||18|
|Upto 1000 Members||19|
|Over 1000 Members||20 Max.|
- The General Council shall meet once in three year at such place and time as may be decided by the Central Committee to transact the following business :
- Consider and adopt the Report of General Secretary and audited statements of Accounts.
- Appointment of the Auditors
- Consider Amendment to Bye-laws as recommended by the Central Committee and/or the amendments by members of which due notice has been given.
- Consider Resolutions / propositions / motions recommended by the Central Committee and/or brought forward by members after giving due notice.
- Election of Office Bearers
- Any other matter with the permission of the Chair.
The General Council Meeting shall be held at the expiry of three years terms of the Central Committee. However, the said term can be extended twice, first by six months followed by maximum three months by adopting the resolution in the Central Committee. The General Council meeting may be preponed with the approval of the Central Committee.
- Special General Council :
A special General Council Meeting may be called when:
- Deemed necessary by the Central Committee
- In case the Central Committee is non- functional for any reasons then by requisition in writing by not less than ½ members of the CCM. The requisition has to be addressed to the President of the federation. The President has to direct the General Secretary to call for CCM in writing giving specific directions to be carried out within a specified time frame communicated to him thru speed post on the official/ last known residential address. The General Secretary has to acknowledge the letter, within 10 days of receipt of the letter from the President and spell out his/her action plan about carrying out the directions of the President. If the General Secretary fails to acknowledge the letter or comply with the directions of President in calling the CCM , the President, in his own prudence and as an emergency measure, may call the General Council meeting at time, date and place of his/her choice. The notice to call the General Council meeting shall have to be 60 days notice to all the members conveyed thru the General Secretaries & President of the affiliates whom the communication shall made thru their E-Mail address, and the communication to all the members shall be deemed to be completed. This shall be considered as Special General Council meeting and all rules applicable to General Council meeting shall apply to it. The president can exercise such emergency powers only once in the life term of the body i.e. three years from its composition with the extended period of six months.
- Central Committee :
- Subject to the supervision and control of the General Council, the affairs of the Federation shall be carried out by the Central Committee comprising of :
|Jt. General Secretaries||5|
|National Youth Wing Convenor||1|
The post of President, Vice- president, General Secretary, Joint General Secretary and National Convenor of Youth Wing shall be elected by the General Council, and shall be known as key office bearers of the Federation. These are known as All India Vacancies. Any vacancy arising in the above posts shall be filled in by the CCM as adopted by the simple majority.
Since the President, Vice-President, General Secretary, Joint General Secretary and National Youth Wing Convenor are part of the negotiating team with the Top-Management (comprising of the executive cadre of the bank), it will be ethically incorrect & administratively improper to include any officer member in the Executive Cadre of the Bank in the negotiating team on behalf of the Federation. Therefore, it is in the fitness of the case that no officer in the executive cadre should be elected to the above post. Affiliates are also advised to take care of the above principles in their respective constitution.
The post of Dy. General Secretary has to be nominated by the respective unit and shall remain in office till the unit so requires. These are individual Unit level vacancies. Any vacancy arising in the above post shall be filled thru co-option as recommended by the respective unit.
The post of Executive Committee members have to be nominated by the respective unit. The number of executive committee members allotted to each unit shall be in proportion to the membership of that unit but in no case it shall be less than 1 and more than 3 at all times. These are also known as Unit level Vacancies. Any vacancy arising in the above post shall be filled thru co-option as recommended by the respective unit.
The post of Treasurer and Jt. Treasurer has to be filled thru nomination from the unit whose member has been elected as General Secretary and the President of the federation respectively. The same rule shall apply while co-opting the members for above post.
The nomination for the post of Dy. General Secretary, Executive Committee member, Treasurer and the Jt. Treasurer shall be submitted by the respective unit on the date of General Council. In case of any affiliate fails to submit the nomination on the date of General Council, the vacancies so arise will be nominated by the newly elected General Secretary, in his own wisdom, from that unit only.
- Co-opted members :
The Central Committee will have the right to co-opt the following:
- Additional Executive Committee members not exceeding four at any time.
- The National convener of the youth wing who shall be given the responsibility of galvanizing the young officers in the main stream of Officers movement and shall be the advisor to the General Secretary of the Federation.
- Central Committee Meetings :
The Central Committee shall meet at least once in a Six-month and such meetings will be held at the headquarters of a unit or any other place as may be mutually agreed upon by the Committee.
- A Special Central Committee meeting may be held :
- When called by the General Secretary in consultation with the President.
- Or otherwise by requisition of not less than 1/3rd of the members of the Central Committee.
- Working Committee :
Working Committee Meeting may be called by General Secretary/President if necessary by giving 7 days notice.
- Quorum :
The Quorum for the General Council Meeting and/or Special General Council Meeting shall be 1/3rd of the total number of delegates as laid down above.
For all Central Committee/Working Committee meetings quorum shall be 1/3rd.
Adjourned meetings will require no quorum. However, when a meeting has been adjourned for want of quorum, it can only be held again after an interval of one hour, after which no quorum is necessary.
- Notice :
- The General Secretary is required to give an advance notice with Agenda, 60 days for a General Council Meeting.
- The General Secretary is required to give an advance notice with Agenda, 60 days for a Special General Council Meeting.
- The General Secretary is required to give an advance notice with Agenda, 30 days for a Central Committee Meeting.
- The General Secretary is required to give an advance notice with Agenda, 15 days for a Special Central Committee Meeting.
- The General Secretary/President is required to give an advance notice with Agenda, 7 days for a Working Committee Meeting.
- Any absentia of any member in WCM or CCM needs prior approval from President.
- Voting :
In the Last CCM, just before the general council, Returning Officer has to be approved with a simple majority, duly ratified by the General Council with a majority vote. In case it is not feasible to approve the Returning Officer in the CCM prior to the General Council, the resolution for his appointment can be taken up directly in the General council and approved with the simple majority.
While accepting the role of Returning Officer he will have to declare that he is not a contestant to any of the post for which the elections are to be held. He shall vote for the candidate of his choice and his vote shall be kept in the sealed cover to be opened only in case of tie.
He shall have the liberty to take assistance of two committee members against whom none of the contestants have any objections. After the earlier house is dissolved the Returning Officer along with his team shall take over the affairs of electing new team for the ensuing period of three years. He will seek nominations for the post of key office bearers, on a prescribed format, to be submitted to him within a fixed time frame. If the number of contestants to any post is more than the required number, the elections to that post is inevitable, and hence the Returning Officer shall start preparing for the election process.
He shall announce the procedure in the open house and start the process immediately. Thereafter, the entire election shall be conducted as per the procedure laid down thru above process. Any objection raised as to the conduct of the returning officer or the process of election has to be registered with the Returning Officer in writing. The decision of the Returning Officer shall be binding on all the parties. All the objections received in writing have to be disposed off before declaring the election results. All the delegates and observers from different affiliates should co-operate with the Returning Officer for smooth conduct of the elections.
It is important to note that all the contestants have to sign the result sheet compulsorily after the elections are declared complete by the returning officer. Any refusal to sign the result sheet or leave the venue, where election process is being conducted, without the prior approval of the Returning Offcier by the contestant shall constitute an act of indiscipline which may render the contestant from losing the primary membership of the Federation. The returning officer shall record a note of it in the result sheet to be dealt by the newly elected body as per constitution thereafter the returning officer shall declare the final result without the signature of the contestant.
It is further clarified that the role of the Returning Officer commences with the dissolution of the out going body and comes to an end immediately after the results of the election has been announced and will issue the certificate to the newly elected General Secretary and thereafter the new body takes over.
Thereafter, the ballot papers shall be destroyed in presence of newly elected five key office bearers.
ARTICLE – VII
- Honorary Membership :
Honorary Membership conferred to the retiring office bearers of the Federation subject to 3/4th majority of the members of the Central Committee who has sacrificed for the cause of trade union movement in our Bank. The organization will be benefited by their expertise and experience at any time of need to combat the challenges before the working class. The Honorary Membership will be given on the basis of recommendation of state units, which they belong to. Their traveling expenses for attending meetings shall be borne by the Federation, boarding & lodging expenses etc. to be borne by the parent state unit. Such honorary members will have no voting rights.
ARTICLE – VIII
- General Funds :
The General Funds of the Federation shall consist of:
- Affiliation Fees, Subscriptions, Levies, Donations, Borrowings etc.
- The amount shall be deposited in the account/s with the Union Bank of India, in the name of Federation.
- The Account(s) so opened may be operated by any of the following:
Jointly with one of the two Treasurers.
- The Treasurer or the General Secretary authorize by the Central Committee shall not keep more than `.20000/- for current expenses.
- The funds of the Federation shall be spent on any of the aims and objects of the Federation described above.
- Any expenses made out of the cash on hand shall be made against vouchers duly passed by the President/General Secretary, jointly with one of the two Treasurers.
ARTICLE – IX
- Financial year :
The Financial year of the Federation shall be from 1st April to 31st March.
ARTICLE – X
- Audit :
Auditor appointed at the General Council Meeting shall audit the accounts of the Federation and submit report to the General Secretary and Treasurer for its placement before General Council.
ARTICLE – XI
- Inspection of Books and Accounts :
Membership registers, Minutes book, Books of accounts etc. of the Federation shall be maintained at the Central Office of Federation. It shall be made available for inspection by any member/affiliate on requisition.
ARTICLE – XII
- Amendment of Bye-laws :
- All proposals for amendment to the Constitution shall be placed by the Central Committee before the general Council at its Triennial Meeting. All such motions shall require support of 2/3rd of the members of the Council present and voting.
- Any other member of the General Council desiring to move an amendment to the constitution shall give notice of the motion to the General Secretary at least 45 days before the meeting.
ARTICLE – XIII
- Powers of the Central Committee :
The Central Committee shall have powers to :
- Make or alter bye-laws from time to time, provided they are not inconsistent with any of the articles of the constitution herein contained. Such an amendment in the bye-laws or the rules shall be effective with immediate effect and shall be part of the constitution only if taken up and passed by a simple majority in the General Council held after the CCM, in which the amendment was approved.
- Appoint any Sub-Committee for specific purpose and assign such powers that may be necessary for its effective functioning in the best possible interest of the Federation. Should any vacancy occur during the course in the Central Committee it shall be filled by Central Committee by co-option until the next election of the General Council.
- Office-bearers/Committee members elected in General Council may be re-called, in case he is not continuing as Office Bearer/E.C. Member of the state unit, that unit shall re-call them from the Federation and nominate the person in their place subject to the approval of Central Committee.
ARTICLE – XIV
- Duties of the Office Bearers:
The President shall be the Constitutional Head of the Federation and his advice and guidance shall be taken in all matters. He shall preside over all the meetings of the Federation, give rulings, preserve order, conduct business and sign minutes of all such meetings. He shall have power to expel any member from any meeting in case of mis-behavior and such member shall forthwith leave the meeting. The President shall have the power to call if necessary, a Special General Council/Working Committee Meeting as per the procedures laid down for Special General Council. The casting vote shall be exercised by the President at Meetings only when there is a tie.
- Vice- Presidents :
The Vice-Presidents shall assist the President in the discharge of his duties. In the absence of the President, the senior most Vice-President shall act as the President duly approved / ratified by the Central Committee for the absence period only in the event of relinquish of his/her post or trip to abroad. They shall take all steps to promote and secure the interests, aims, objects and image of the Federation.
- General Secretary :
The General Secretary, is the executive head of the Federation and shall perform all such functions as are necessary for achieving the objects of the Federation. He shall conduct all correspondence, convene all meetings, maintain the connected records and generally exercise control over affairs of the Federation. He shall prepare a report on the working of the Federation and submit the same to the General Council at its Triennial Meeting after obtaining approval of the Central Committee. The General Secretary shall be responsible for submitting the statements and returns as required under the Trade Unions Act or any other legislation.
- Joint General Secretaries
Each Joint General Secretary shall be assigned specific functions or control direction, co-ordination and supervision of one or more affiliates. They shall help the General Secretary in discharging the duties and functions. They are authorized to act for and on behalf of the General Secretary if and when necessary during the absence period only. One of them shall officiate as the General Secretary in his absence with the approval of Central Committee in the event of relinquish of his/her post or trip to abroad. They shall take all steps to promote and secure the interests, aims, objects and image of the Federation
- National Convenor of Youth Wing
The National Convenor of Youth Wing shall be assigned duties pertaining to the affairs of young generation officers in galvanizing the young officers to the mainstream of officers movement and shall act as the advisor to General Secretary on the same. The National Convenor shall also be the key office bearer and part of the negotiating team with the Top Management.
- Deputy General Secretaries :
The Dy. General Secretaries shall be in charge of one or more affiliates and shall make periodical reports to the General Secretary on the state of organization in their respective area of operation. They shall take all steps to promote and secure the interests and image of the Federation.
- Treasurers :
The Treasurer/s shall be responsible for all moneys which may from time to time be received into the Federation account. They shall keep accounts of all receipts and expenditures against respective vouchers. They shall maintain in proper order the Accounts of the Federation and shall submit statement of accounts to the Central Committee/ General Council. He shall have custody and be responsible for all properties of the Federation.
14.2 Term of Office :
The Office bearers of the Federation shall continue in office until the next elections at the General Council Meetings unless they resign earlier from the posts or from the active service of the Union Bank of India or recall by the State Units. Any vacancy so caused shall be filled by co-option by the Central Committee until the term of the office comes to an end.
ARTICLE – XV
- OTHERS RULES :
- Each affiliating Unit shall furnish to the Federation, within one month of its General Body Meeting, two copies of its audited Annual Accounts and the list of the Office-bearers elected for the next term.
- Each affiliating Unit shall furnish every year to the Federation within a reasonable time, all changes, amendments, etc. in its constitution, changes if any, during the term of office of the Executive Committee shall be brought to the notice of the Federation by the respective Unit within a reasonable time.
- Each affiliating Unit shall furnish within a reasonable time a statement showing fresh memberships and the cessation, if any.
- Each affiliating Unit shall pay a special levy if required by the Federation.
- The Constitution of an affiliating Unit shall not in any way be inconsistent with the Constitution of the Federation.
ARTICLE – XVI
- Dissolution of the Federation :
- The Federation shall not be dissolved except by the vote of majority of 3/4th members present at the General Council Meeting called for the purpose.
- The assets of the Federation, after meeting all the liabilities shall be disposed off in accordance with the decision of the Meeting called for the purpose.
ARTICLE – XVII
- Resolution of Dispute :
No legal recourse to be undertaken unless or until the in house mechanism for resolution of the dispute is not exhausted. Any contravention to this rule shall make the erring member liable to be expelled from the Federation with the immediate effect.
There can be a dispute arising out of
- the difference of opinion among the members of the unit or among the members of different unit
- The difference of opinion as regards the interpretation of any article of the constitution of the federation or its applicability with regard to the working of the federation.
- Working of the constitutional authorities namely President, general secretary, returning officer (in case of elections of the general council) or any other authority which may be included in the above list with the approval of the half the members present in the central committee.
In case of any dispute which has not been settled thru the normal channel of taking the same in different committees shall be referred to the arbitration committee thru a process.
The issue can be raised by the member in the central committee, on its own behalf or on behalf of the unit and if the same is not resolved to his/her satisfaction, the concerned member can give one month notice to the President with a copy to the General Secretary requesting them to resolve the issue in accordance with the constitution.
The president has to pass an order within a period of 30 days issuing directions to the federation thru the general secretary for taking appropriate action for resolution of the dispute of the complainant member or give proper reply to the complainant member as to why his request for resolution of the complaint can not be entertained giving proper justifications from the articles of the constitution. For this purpose, if necessary, The General Secretary may constitute a dispute resolution committee and refer the matter to such committee.
If the matter as per the complainant member has not been resolved, he/she has every right to demand for the constitution of arbitration committee for resolution of the dispute. He has to undertake that the award of the arbitration committee shall be honoured by him in letter and spirit.
The matter shall be taken up in the ensuing CCM if and only if the complainant member gives clear cut notice of a least one month to the president. The entire matter shall be deliberated in the CCM. The decision, to constitute the arbitration committee comprising of at least 5 members (inclusive of 2 ex-officio key office bearers of Federation) & name of composition of members, The name of chairman of the committee & the members constituting the committee, terms of reference of arbitration, the time within which it has to be completed and the award submitted to the president, has to be passed by at least two third members present in the CCM. The award shall be binding on all the parties.
It shall be duty of the chairman of the committee to complete the arbitration within the period specified by the CCM and note down the findings explicitly giving details of members confirming the finding and also details of members registering their objections.
To desist the members from taking the issues to such extremes it is also decided to charge 25% (for Central Committee Members) / 50% (for Unit) of actual expenses to be notified by the chairman of arbitration committee incurred on resolution of a dispute thru arbitration from the complainant member or the complainant unit.
If the complaint has been taken up by an unit then the resolution of the unit taken up by the majority vote in the Executive body of the unit has to be placed before the CCM of the Federation requesting for such a committee to be constituted and undertaking to abide by the findings and also to pay 50% of the expenses by the unit.