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Constitution

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Gujarat Sarva Samaj Party | Constitution

CONSTITUTION OF GUJARAT SARVA SAMAJ PARTY ARTICLE-I: Name of the Party: The name of the party is “GUJARAT SARVA SAMAJ PARTY” ARTICLE-II: Objectives of the Party 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. The party is committed to the task of building a developed democratic India based on principle of equal opportunity to all citizens. The party will lay special emphasis on improving the condition of socially and economically disadvantaged sections of society in order to build an India based on lofty objectives of our freedom struggle. The party will endeavour to campaign against evil influence of money power and muscle power vitiating the democratic politics. The party will pursue to provide, education, health facilities and security to all the people of India in every manner. The party will promote employment, business and industrial development and will provide the facilities to all Indian citizens as per the eligibility basis without any discrimination and party will try its level best for the upliftment of the farmers. The party is firmly committed to secularism and is against the concept of a theocratic state. The party will achieve its objective through peaceful and democratic forms of campaigns like meetings, seminars, conferences and rallies. It will also raise the contemporary issues affecting common citizens during election campaigns. The party aims to work towards betterment of all Indian citizen irrespective of any caste, gender and their economic status. Growth of all Indian citizens will help in building India as a strong and prosperous nation. ARTICLE-III: A. Members i. All Indian citizens above the age of 18 years shall, after making payment of a biennial subscription of Rs.5/- only and on making a written declaration affirming faith in Article-II of this constitution can become a primary member of the party provided that he is not a member of any other party. ii. The period of membership shall be of one year. iii. Any primary member, on enrolling 10 members can become an active member of the party. ARTICLE-III: B. Preparation of Rolls of Primary and Active Members. 1. The District Units shall, before the 31st of March, in every four years, publish the preliminary roll of primary and active members enrolled or renewed during the previous term. The revised and final roll, after scrutiny shall be published not later than the 31st of August every fourth year. 2. The final roll published as above shall be in force till the next roll is prepared. 3. Permanent lists of registers of active members shall be prepared by the District Executive after being duly certified by the State Executive. 4. Membership shall cease by death, resignation, removal or nonpayment of fee. 5. Lists of primary members shall be maintained by District and subordinate committees after being duly authorized by the State Executive. 6. All active members will have to fulfill the following conditions and make a declaration in Form-B under his signature:- (a) He/ she should be of 18 years of age and above. (b) He/ she neither believes in or practices un-touch ability in any shape or form and undertakes to work for its removal. (c) He/ she believes in an integrated society without distinction of religion or caste. (d) He /she undertakes to perform minimum task including manual labour as may be prescribed by the Executive Committee. (e) He/ she subscribes to and works for promoting the principles of socialism and democracy, does not directly or indirectly, openly or otherwise, adversely criticize the accepted policies and programs of the party except through party forums. No person shall be selected for elections on party ticket to parliament, state legislature and local bodies unless he/ she is an active member. (f) A register of active members shall be maintained by the District Executive Committee. Copy of register duly certified by the District Executive Committee President shall be made available to the State Executive Committee. (g) The District Executive Committee will issue identity cards with photographs of the members pasted on the card under signature of the President. (h) The register shall contain the full name, address, age, occupation, place of residence and date of enrolment of every member. (i) Each active member shall contribute an amount of Rs.250/- biennially and deposit it alongwith it active membership form. He shall have to contribute to the party fund generously. ARTICLE-IV: Organs of the party (Organizational structure) A. At present the party shall have following units:- i) Panchayat /Municipal Ward Council or Panchayat/ Municipal Ward Executive Committee at Panchayat/ Municipal Ward Level. ii) Block Council and Block Executive Committee at Block level. iii) District Council and District Executive at District level. iv) State Council and State Executive Committee at State level. v) National Council and National Executive Committee at National level. vi) Plenary Session. B. Primary Unit A primary Unit shall be set up at Gram Panchayat or Municipal Ward Level where there are at least 15 active members and 150 primary members. C. Terms of office & periodicity of elections: The terms of all councils and executive committees at all levels shall be four years. The term of all office bearers of the party shall be four years. The party elections will be held every four years. ARTICLE-V.1: Office Bearers of the party A. Panchayat/ Municipal Ward Council & Panchayat/ Municipal Ward Executive Committee (i) Panchayat/ Municipal Ward Council will consist of all active members of the respective Panchayat/ Municipal Wards. (ii) Panchayat /Municipal Ward Council shall elect a Panchayat /Municipal Ward Executive Committee consisting of not more than 10 members and shall also elect a President. The Panchayat/Municipal Ward President of the party shall appoint the following office bearers:- Vice President - 01 General Secretary - 01 Treasurer - 01 (iii) Panchayat/ Municipal Ward Council shall elect 02 delegates for Block Council. B. Block Council & Block Executive Committee (i). Block Council shall consist of all Panchayat /Municipal Ward Executive Committee members under its jurisdiction and elected delegates from the Panchayat/Municipal Ward Councils. (ii) Block Council shall elect from among its members a Block Executive Committee consisting not more than 30 members and elect a President. The Block President shall appoint following office bearers from among the members of the Block Executive Committee- Vice President - 01 General Secretary - 01 Secretary - 02 Addl. Secretary - 04 Treasurer - 01 (iii) Block Council shall elect 05 delegates to the District Council and 01 delegate to the State Council. C. District Council and District Executive Committee:- (i) District Council shall consist of all Block Executive Committee members within its jurisdiction and elected delegates from the Block Council. All former Presidents of the District Council and the party members of the State Legislature and Parliament from the District shall be ex-officio members of the District Council. (ii) District Council shall elect the District President of the party and shall also elect a District Executive Committee from among its members. The District Executive Committee shall have a maximum number of 50 members. The District President shall appoint following office bearers from among the members of the District Executive Committee- Vice President - 01 General Secretary - 01 Secretary - 05 Addl. Secretary - 08 Treasurer - 01 D. State Council and State Executive Committee:- State Council shall consist of- i. One elected delegate from each Block Council of the State. ii. District Presidents, Vice Presidents and General Secretaries. iii. All members of State Legislature, MPs from the State and Mayors of the State belonging to the party shall be ex-officio members of the State Council. iv. All former Presidents of the State Councils if they are members of the party shall be ex-officio members of the State Council. E. State Executive Committee:- (i) The State Council shall elect a President and State Executive Committee of maximum of 100 members from among its members. (ii) The elected President shall appoint following office bearers from among the members of State Executive Committee- Vice President - 01 General Secretary - 01 Secretary - 12 Addl. Secretary - 17 Treasurer - 01 (iii) All members of State Legislature and MP’s from the State who are members of the party will be ex-officio members of the State Executive Committee. F. National Council and National Executive Committee:- National Council shall consist of- i. One elected delegate from each District Council of each States. ii. State Presidents, Vice Presidents, General Secretaries, Secretaries and Addl. Secretaries from each States. iii. All members of each State Legislature, MPs from each State and Mayors of the each State belonging to the party shall be ex-officio members of the National Council. iv. All former Presidents of the National Councils if they are members of the party shall be ex-officio members of the National Council. G. National Executive Committee:- (i) The National Council shall elect a President and National Executive Committee of maximum of 150 members from among its members. (ii) The elected President shall appoint following office bearers from among the members of National Executive Committee- Vice President - 01 General Secretary - 01 Secretary - 18 Addl. Secretary - 28 Treasurer - 01 (iii) All members of each State Legislature and MP’s from each State who are members of the party will be ex-officio members of the National Executive Committee. H. Plenary Session (i) Plenary Session of the party shall be held once in four years at a place to be decided upon by the National Executive. (ii) The special session can be called by the national president or national general secretary upon the demand of 50% members of the National Executive Council or National Executive after issuing one month prior notice. The decision taken in the special session will work for the proper guidance and will also decide about the line of action of the party. (iii) The Members of all district councils and District Executive, members of all State Councils and all State Executive Committee alongwith members of the National Council and National Executive Committee shall be the delegates of the Plenary Session of the party. (iv) The plenary session shall consider resolutions, recommended to it for adoption by the National Executive Committee. It shall also consider and approve constitutional amendments if at least 2/3rd of the delegates vote for the amendments. (v) The district council in whose jurisdiction the plenary session is held shall act as the Reception Committee and may co-opt additional members for the purpose. ARTICLE V.2 A. Election of the President & National Executive Committee. (i) For election of the National President and National Executive Committee members, the National Executive shall appoint a Returning Officer who shall not hold any office bearer’s post at the National Level for four years after the elections. The returning officer shall appoint presiding officers and make arrangements for the poll. (ii) Presiding officers shall forward the ballot boxes to the Returning Officers. After the receipt of all ballot boxes the returning officer shall count votes of each candidate in presence of one observer from every candidate. (iii) The elections of Presidents and Executive Members of the party at state, district and block levels will take place in a similar manner through free, fair and democratic elections. B. Powers of the office bearers. (i) President The president shall be responsible for the smooth functioning of the party and he will be assisted in this work by other office bearers. He or she will preside over the meetings of the Council and Executive Committee meetings. The president will distribute assignments to other office bearers. He or she shall exercise all the powers of the Executive Committee when it is not in session. He / she however will have to get the decisions ratified by the next meeting of the Executive Committees. The president shall be responsible for carrying out the decision of the Executive Committee. The national president will have the power to take any action in regard to the disciplinary matter after taking approval of the National Executive Committee. The president will have the power to suspend the erring members or office bearers of the party and such matters will be sent to the disciplinary committee for trial. Only the National President or National General Secretary will have the power to issue A/B form to the candidates for any elections. (ii) Vice President The Vice President shall preside over the meetings of the council and Executive Committee in the absence of the President. The Vice President shall also discharge all the responsibilities assigned to him/ her by the President. (iii) General Secretary (a) The General Secretary will implement the decisions of the executive committees and carry out assignments given by the President. (b) To convene meetings as per the instructions of the President, issue circulars and agendas as well as to organize the meetings. (c) To maintain the minutes of the meeting and to circulate it among members. (d) To organize programmes, meetings, conferences, agitations and to look after publicity. (iv) Secretary To discharge the functions allocated by the President and to help the General Secretary in discharging his /her duties. The Secretary shall be responsible: For managing the day to day affairs at the concerned Level. For maintaining records and keeping minutes of the meetings at the concerned Level. Carrying out all such work as given to him/her by the concerned executive committee time to time. (v) Addl. Secretary To discharge all the functions in the absence of the Secretary and allocated by the Secretary, General Secretary and President. The Addl. Secretary shall also discharge all the responsibilities assigned to him/ her by the Secretary. (vi) Treasurer Treasurer shall be in charge of funds of the party and will keep proper accounts of all income and expenditure and present a report to the Executive Committee at the concerned level. ARTICLE-VI Rules of dispute, resolution and discipline. The following acts will covered under the disciplinary actions:- (i) To do any of the work against the principles of the party. (ii) To involve in illegal activities and to criticize the policies and objects of the party before the public at large. (iii) To make group/lobby with ill motive to tarnish the image of the party. (iv) To propagate rumors amongst the members of the party. (v) To create obstacle in any manner in the smooth work of the party. (vi) To misuse the funds of the party. The National Executive Committee will form two separate committees. (i) Dispute resolution committee. (ii) Disciplinary action committee. These committees will take up respective kind of complaints and make recommendation to the National Executive Committee for necessary action. All such matters will be reported to the National Executive Committee. The dispute resolution committee and disciplinary action committee will not have more than nine members. ARTICLE-VII :-Basics of rules of conduct of business) A. The decisions will be taken in all the councils and committees on the basis of simple majority, where unanimity is not possible. However, constitutional amendments shall require 2/3rd majority for approval. B. The quorum for all meetings of councils and committees shall be one third of the strength of the council or committee. C. Due notice of at least two weeks shall be given for any meetings of the council or committee. ARTICLE-VIII:- Party Funds and Accounts. The party will maintain a fund, the contributions for which will come from its members, supporters and well-wishers. Complete transparency shall be observed in respect of this fund which shall be used only for political activities related with the party. The party will submit its annual financial return to the Election Commission of India within 6 months of the end of each financial year and the audit of the party accounts will be conducted by an Auditor empanelled with the CAG. The fund of the party will be used for political purpose only and the party will abide by the instructions issued by the commission from time to time in the maintenance of its accounts. The audited statement of accounts will also be submitted to Income Tax Authorities. The treasurer of the party will be responsible for keeping regular accounts. A bank account shall be opened which will be operated jointly by President, Treasurer and one of the General Secretaries authorized by the President. ARTICLE-IX: Party constitution amendment procedure. The constitution can be amended except Article-II, only by a plenary session of the party. The National Council shall have the power to recommend amendment to the Constitution, except Article-II, by a majority of 2/3rd of its members present and voting after due notice. The changes made by the National Council shall be placed before the next plenary session of the party for approval. Any amendment in the constitution will take place after approval of the General Body Meeting. ARTICLE-X: Merger, Split, Dissolution Procedure. A. Merger In special circumstances the party may merge with any other political party with similar aims and objectives. The decision of merger will have to be taken by two –third majority of the National Council and National Executive Committee after circulating the resolution of merger to all the State Councils and District Councils and extensive discussions in these bodies. The resolution of merger will be placed in National Executive Committee and National Council only after concurrence from two thirds of the State Councils and District Councils. B. Split/ Dissolution. If due to unavoidable situation the party has to split / dissolve, the decision will have to be taken by two third majority in the National Council and National Executive Committee. In the case of split/ dissolution all the moveable and immoveable assets of the party will be divided according to the decision of the National Council after circulating the resolution of split/ dissolution to all the State Councils and District Councils and extensive discussion in these bodies. The split / dissolution can take place only after concurrence from two third of the State Councils and District Councils. ARTICLE XI: MISCELLANEOUS PROVISIONS i. Any member who does not attend 3 successive meetings of any Council/Executive without prior intimation of his or her absence shall cease to be a member of the Council/Executive on passage of resolution to this effect. ii. The National Executive will frame Regulations for filling the vacancies caused by resignation, expulsion or death of a member of an Executive/Council. iii. The National Executive will lay down norms and special arrangements to be put in place for merger of new organisations or parties within the Party. iv. The Party will not in any manner promote or instigate or participate in violence. v. The party will contest election conducted by Election Commission of India within 5 years of registration and shall continue to do so thereafter. If the party does not contest elections continuously for six (6) years the party will be taken off the list of registered parties. vi. The basic tenets of the party is democracy, socialism and secularism. vii. The party will hold periodic elections to all positions of office bearers and organs of the party atleast once in four years. All apex level committees and representative body of the party will be constituted through democratic election process, nomination of members of such bodies will be restricted to a minimum scale not exceeding 1/3rd of the strength of the committee / body. viii. Election process to the various offices of the party will be democratic and no office will be kept hereditary and permanently and the functioning of the party will be democratic. The party declares democracy, socialism and secularism as its basic tenets. ix. The decision making process will be by way of majority views of the representative bodies of appropriate level. x. There should be no restrictions on the membership of the party and the party membership should be opened for any adult Indian Citizen. xi. The State Executive or the National Executive may suspend an Active Member from the array of membership of the Party pending disciplinary proceedings. Disciplinary action can be taken against the erring members by the State Executive or the National Executive. xii. Under the provisions of the constitution of the party, the following Cell/ Sabha/Sangh shall be constituted:- (a) Labour Wingh (b) Farmer's Cell (c) Intellectuals Wing (d) Legal Cell (e) Teachers Cell (f) Professional Cell (g) Doctors Cell (h) Youth Wing (i) Student Wing (j) Minority Cell (k) Women Cell There will be 31 members including President at National, State, District and Assembly Level. There will be 3 Vice President, 1 General Secretary, 1 Treasurer and 5 Secretaries at all levels. The office bearers of these Cells and Wing would be active members of the party.