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Constitution

CONSTITUTION
OF
Jan Shakti Party of India

HEAD OFFICE

#7107, Street-3, New Vishwakarma Nagar, Focal Point,

Ludhiana-141010, Punjab (India)

Website: www.janshaktiparty.com

CONSTITUTION

PREAMBLE : PEACE, PROGRESS & PROSPERITY

Article I

  1. Name of the Party :The name of the Party shall be Jan Shakti Party of India, hereinafter referred to as ‘the Party’ or ‘Party’ in this constitution.

  1. Headquarters: The Party headquarters shall be at Ludhiana District.

Article II


Aims and Objectives

2.1. Jan Shakti Party of India aims to restore power to the common man, so as to realize the promise of self-governance enshrined in our Constitution.

2.2. Following the Preamble to our Constitution, Jan Shakti Party of India envisions an India, free of corruption, which is Sovereign, Socialist, Secular, Democratic Republic

Article III

Party Membership

3.1 ELIGIBILITY FOR MEMBERSHIP

Any citizen of India of the age of 18 years or above who subscribes to the objectives of the Party shall be eligible to become a member of the Party, provided that he or she:

a) Is not a member of any other political Party registered with the Election Commission of India;

b) Is not a member of any organization whose views, policies or actions are in conflict with the objectives of the Party

3.2 CATEGORIES OF MEMBERSHIP

There shall be two categories of members:

a) Primary member: Every person who becomes the member of the Party as per the procedure prescribed shall be an primary member. An primary member shall not have any voting right.

b) Active Member: A person who has been an primary member for at least three months and who has followed the Code of Conduct for members and has actively participated in various programs of the Party shall be eligible for Active Membership of the Party. An Active Member shall have the right to vote.

3.3 Procedure for Membership

a) A person shall become an Primary Member of the Party on submitting the prescribed declaration and payment of the membership fee as prescribed from time to time.


b) A person seeking Active Membership of the Party shall apply to the office of the concerned Primary Unit or the concerned District Unit in prescribed format. Each application should be supported by at least two existing Active Members.


c) The application will be considered by Primary Unit in its succeeding meeting, whereupon it shall make its recommendation to the District Executive.
d) The District Executive shall take the final decision on each application in its meeting held after the receipt of the application.
e) The State Unit shall maintain a register of its members in the manner as may be prescribed in the Regulations.


f) The list of Active Members shall be frozen one month before the call for applications of candidates for any Party election. Pending applications, if any, for Active Membership shall be decided before freezing the list.


g) The National Executive, the State Executive and the District Executive shall have the power to directly admit new members or confer the status of an Active Member on any person.


h) Any person, who has been co-opted to a District Executive or in any body at the State or National Level, shall be deemed to have become an Active Member of the Party on submission of application form along-with the requisite membership fee as prescribed from time to time.


i) If a District Executive/State Executive decides to grant membership of the Party to a person who was a leader in another registered political party in the last ten years or is still a leader, such decision shall become operational only after approval by the National Executive. A leader here would mean either a State or National Level office bearer of another Party or someone who has contested parliamentary or Assembly or District Level elections on the symbol of another Party.
j) An Active Member shall pay membership fee and contribution as prescribed from time to time.


k) A person can become a member of the Party either at his/her place of permanent residence or where he/she carries on his/her business but at one time he/she shall not be a member at more than one place.
l) If any active member changes his place of residence, he/she should get his address changed by giving intimation in writing to the concerned Units.

3.4 TERM

The term of membership shall be 3 years. A member shall have to get his membership renewed after every 3 years. For the purpose of this clause a year shall be the period commencing from 1st of April of a calendar year or the date of enrollment of a member up to 31st of March of the succeeding year.

3.5 Rights of a Party Member

Every member of the party shall have the right to -

a) Vote and be voted to a position of trust within the Party;
b) Attend relevant Party meetings; read relevant Party documents and be benefited from the Party's education and training programmes;

c) Participate in Party discussions within the parameters of Party ideology and discipline at various fora;

d) Be informed of Party decisions, policies, programmes and ideologies;

e) Seek clarification from the Party office bearers on issues concerning the Party, the State or the Nation;

f) Express his views on any matter concerning the party within the Party fora while maintaining its discipline;

g) Suggest, appeal or complain on basic issues to the higher organizational level right upto the working committee; and

h) Be heard at the appropriate level and fora where an issue concerning him is under discussion.

3.6 Duties of a Party Member

Every member shall be duty bound to -

a) Maintain dignity of Party membership and its discipline, both within and outside the Party;

b) Follow the Party Principles, Programmes, Rules and Regulations diligently;

c) Maintain close link with the masses and strive for success of the Party, its ideology and principles;

d) Motivate his/her fellow citizens to become members of the Party;

e) Conduct activities in such a manner that may help in spreading the base of the Party and its ideologies amongst the masses;

f) Wage a relentless struggle against corrupt, reactionary and criminal elements in the society; and

g) Remain honest to the Party and its principles.

3.7 Cancellation of Membership

Any Party member may resign from membership of the Party by addressing his/her unconditional resignation to the President of the concerned unit of the party and after taking appropriate decision thereon the President of the concerned unit shall intimate the same to party headquarters. Thereafter his/her membership shall stand cancelled. Membership will stand automatically cancelled in the case of death or expulsion of any party member from the party.

3.8 Basic Norms for Party Members

Party members shall be expected to lead a clean and honest life. They must be willing to subordinate their personal interests to the interests of the Party, society and humanity as a whole. Party members shall further be expected to sacrifice their personal interests for the greater benefit of the society and the State.

3.9 Membership Fee

The Party membership fee shall be decided time to time.

Article IV

Organizational Structure of the Party

4.1 Party Units


In consonance with the principles of federalism and democracy, the organizational structure of the Party shall be multi layered starting from the Primary Unit to the State level unit with the term of 3 years, as under:-

a) Primary Unit comprising all the primary members and/or active members. Primary unit consist the area under the vicinity of local Police Station.

b) Legislative Assembly Constituency Unit comprising all the primary members and/or active members of the Party and elected delegates and office bearers of respective Unit. Legislative Assembly unit consist the area declared as legislative assembly respectively.

c) District Unit comprising all the elected delegates along with office bearers of Legislative Assembly Units falling in a district. District unit covered the area covered as administrative district as respectively.

d) State Unit comprising all the State delegates along with office bearers of the District units of the Party in the State. State unit consist the area of respective state or union territory.

e) National Committee Unit comprising its office bearers and members elected by the State Unit. National unit consist of whole of the country.

f) Political Affairs Committee Unit comprising its office bearers and members so elected by the State unit.

g) General Body of the party which shall consist of all members of the National Unit and elected members of the party in the Legislative Assembly or parliament

4.2. Functions and Powers

a) Primary Unit of the Party shall enroll members of the party and shall be responsible for the promotion of the Party policies and Programmes at grass-root level. It shall also coordinate with the L.A. unit, District and State Units of the Party for carrying out their directions from time to time. It shall also maintain its own record with regard to the membership, receipts and expenditures. It shall also maintain its own record with regard to its activities, meetings, receipts and expenditures.

b) Legislative Assembly Unit of the Party shall enroll members of the party and shall be responsible for the promotion of the Party policies and Programmers at Assembly level. It shall also coordinate with the District and State Units of the Party for carrying out their directions from time to time. It shall also maintain its own record with regard to the membership, receipts and expenditures. It shall also maintain its own record with regard to its activities, meetings, receipts and expenditures.

c) District Unitof the Party shall be responsible for coordinating its activities with the Legislative Assembly Units for the promotion of the Party policies and Programmers at every level. It shall also coordinate with the State Unit of the Party for carrying out its directions from time to time. It shall also maintain its own record with regard to its activities, meetings, receipts and expenditures.

d) State Unitof the Party shall be responsible for overall coordination of the District Units and the Legislative Assembly Units for the promotion of the Party policies and Programmers at every level. It shall also be the duty of the State Unit to receive and approve the annual financial statements of the District Units on the closure of the financial year. It shall be responsible for issuing guidelines to the Party units from time to time for achieving the aims and objectives of the party as laid down in the Constitution. All official stationery printing is printed by state units such as receipt book, paid membership forms, constitution books, brochure pamphlets etc. State Unit shall also elect State Political Affairs Committee. It shall also maintain its own record with regard to its activities, meetings, receipts and expenditures. It shall be the duty of the State Unit to maintain its account in a nationalized bank which shall be operated jointly by the Treasurer of the Unit along with its President or Vice President as they may decide. To opening account in bank written permission from “National Committee” is required.

e) National Committeeof the Party shall be responsible for Taking measures towards the adequate functioning of internal Party democracy. Framing rules for the conduct and supervision of elections of Party units. Announcing the formation of the party secretariat to assist it in carrying out its responsibilities. Appointment of members of the State Units for supervision and providing of directions to State, District and Legislative Assembly Units for the discharge of their duties. Disbanding any unit(s) of the party in case the situation so demands. Initiating action against any errant member of the party. Delegating powers to any member or a Committee for carrying out any particular task(s) concerned with management, administration or running of Party affairs. Exercising emergency powers to deal with emergent situations. Enforcing the Party constitution and announcing the Party policies and programmes from time to time. Management of the party funds in prudent manner and drawing a budget and allocating funds for implementation of various policies and programmes to various units of the party according to their needs.

f) Political Affairs Committee

The Political Affairs Committee shall have powers -

To issue appropriate directions for carrying out the day to day affairs of the party;

To exercise all the functions of the National/State committee when the National/State Committee is not in session;

To exercise the final authority on disciplinary matters;

To take final decisions on all matters concerning the affairs of the party on the basis of majority votes of the members present and voting unless overruled by the National/State Committee.

The meeting of the Political Affairs Committee shall be presided over by the Party/State President and shall include all National/State office bearers apart from members of Political Affairs Committee.

g) General Body

The General Body shall have the powers to adopt the Constitution or to approve its amendment(s) at any stage as suggested by the Political Affairs Committee from time to time.

4.3.Other Wings & Expert Committees

a) The National/State Committee or the Political Affairs Committee shall from time to time constitute other wings & expert committees comprising experts from various sections to advise the Party on important issues.

b) The aim of the other wings & expert committees is to bring expertise at the Party doorstep.

c) The other wings & expert committees shall comprise at least one member of the National/State Committee who shall interact with other wings.

c) Members of the other wings & expert committees may not be Party members.

e) The number of wings & expert committees, their tenure and composition shall be decided by the National committee. The wings & expert committees shall automatically lapse upon the completion of its tenure/task.

f) National/State committee has right to constituted wings & expert committees on current affairs, trades, classes, public issues, professions etc. such as following:

• Jan Shakti Women Federation (Women Affairs)

• Underprivileged classes of the Society

• Jan Shakti Youth Federation (Youth affairs )

• Jan Shakti Labour & Employment Front

• Jan Shakti Kisaan Federation (Farmer Wing)

• Trade and Industry Federation

• Jan Shakti Student Federation (Student Wing)

4.4 Corp of Volunteers

a) People willing to devote time for social and other causes can enroll themselves as volunteers for the Party.

b) Such volunteers may or may not be the Party members.

c) Such volunteers shall refrain from becoming office bearers of any committee in the Party or from contesting any elections. However for the effective functioning of corp of volunteers, they can have their own internal organizational structure.

d) Such volunteers shall be at the disposal of the Party to serve humanity in times of disaster or distress. During peace time, they shall organize various activities like literacy and health camps, apart from any activity that can assist in achieving the aims and objectives of the Party.

e) Such volunteers shall have to abide by a certain decorum and discipline specified by the National Committee or the Political Affairs Committee.

Article V

Office bearers of the party


5.1
Office bearers of the Primary Unit

Every Primary unit shall have an Primary Unit Committee consisting of 11 Active/Primary members for a term of 3 years. These 11 elected members shall further elect from amongst themselves, their office bearers such as President, Vice-President, General Secretary, Secretary and a Treasurer.

5.2 Office bearers of the Assembly unit

Every Assembly Constituency unit shall have an Assembly Unit Committee consisting of 11 delegates elected from amongst its active members for a term of 3 years. These 11 elected delegates shall further elect from amongst themselves, their office bearers such as President, Vice-President, General Secretary, Secretary and a Treasurer.

5.3 Office bearers of the District unit.

Every district unit shall have a District Unit Committee comprising 11 members elected from amongst the active members of the District Unit. The State Unit can nominate 1 member and National Unit can nominate 2 members for District Unit. If National Unit is not nominate any member then State Unit has right to nominate other 2 members with consultant of National Unit. Not more than 1/3rd members can be nominated. These elected 11 committee members shall further elect from amongst themselves their office bearers such as President, Vice-President, General Secretary, Secretary and a Treasurer.

5.4 Office bearers of State Unit

State unit of the party shall have a State Committee and a State Political Affairs Committee. The State Committee shall consist of 21 members elected from amongst Delegate from L.A. Constituency. National Unit can nominate 7 members for state unit. Not more than 1/3rd members can be nominated. State unit shall further elect from amongst themselves their office bearers such as President (known as the State President of the Party), Vice-President, General Secretary, Secretary and a Treasurer. The Political Affairs Committee shall consist of 7 members elected from the members of the State Unit including the President of the Party who shall preside over its meetings.

5.5 Office bearers of National Unit

National unit of the party shall have a National Committee and a National Political Affairs Committee. The National Committee shall consist of 21 members elected from amongst Delegate from State units (National Political Committee will decide the number of delegates per state time to time). The President of the Party and Gen. Secretary of the Party can nominate 7 members for national unit. National Unit they further elect from amongst themselves their office bearers such as President (known as the National President of the Party), Vice-President, General Secretary, Secretary and a Treasurer.

The Political Affairs Committee shall consist of 7 members elected from the members of the State Delegates and/or national unit, including the President of the Party and member of National Committee who shall preside over its meetings.

5.6 Powers & Duties of the office-bearers

  1. PRESIDENT

  1. To Preside over the sittings of the concerned Unit or Committee or Executive.

  2. To nominate, as per the Constitution, members/office-bearers to his Unit/Committee/Executive.

  3. To allocate the work and duties among the office-bearers and members of the Unit/Committee/ Executive.

  4. To take part in talks with other Parties and to nominate representatives from the Party for the work.

  5. To decide the date of the Unit/Committee/ Executive meeting and to convene the meeting as per rules of the Party Constitution.

  6. To appoint Presidents for the various Cells of the Party and to co-ordinate their functioning.

  7. To conduct workers Study Camps and Conferences as organized by the Unit/Committee/Executive.

  8. To guide the Unit/Committee/ Executive in implementing programmes for furthering the organizational and constructive activities of the Party.

  1. VICE-PRESIDENT

  1. To carry out the responsibilities as directed by the President.

  2. In the absence of the President the Vice-President specially authorised by the President in writing, will preside over the meeting. If no such direction has been made, any one of the Vice-Presidents, and if all the Vice-Presidents are absent then the Committee/Executive can call on any one of its members present to preside.

  3. In place of the President, the Vice-President directed by the President will discharge all the functions and powers of the President.

  1. GENERAL SECRETARY

  1. To convene meetings as per the instructions of the President, issue circulars and agendas as well as to organise the meetings.

  2. To maintain the minutes of the meeting and to circulate it among members.

  3. To organise programmes, meetings, conferences, agitations and to look after publicity.

  4. To run the office of the Party and make necessary appointments with the consent of the President.

  5. To execute the decisions of the President and the Committee/Executive.

  1. SECRETARY

  1. To discharge the functions allocated by the President and to help the General Secretary, if any, in his duties.

  1. TREASURER

  1. To maintain the income and expenditure account of the Committee/Executive.

  2. To get the accounts examined/audited and to report the same to the Committee annually.

  3. To audit the accounts of all subordinate units.

Article VI

Disciplinary Matters

a) There shall be disciplinary committee, comprising 3 members appointed by the National Committee of the Party. The President of the Disciplinary Committee shall be nominated by the President of the party. It shall be responsible for maintenance of discipline within the party.

b) The Disciplinary Committee shall take up cases forwarded to it by any Party unit or any party member and to recommend appropriate action to the National Committee/Political Affairs Committee. It shall have the powers to take up cases suo moto as well.

c) The disciplinary committee shall be headed by a President and its meetings shall be presided over by him and in his absence by senior most member of the committee.

d) The decisions of the disciplinary committee shall be arrived at on the basis of majority votes of members present.
e) The disciplinary committee shall arrive at decision within the time frame prescribed by the Political Affairs Committee.

f) The Political Affairs Committee shall have the powers to reject or override the recommendations of the Disciplinary Committee.

g) The National Committee or the Political Affairs Committee of the party may convene the meeting of the Disciplinary Committee at a short notice.

h) Any member found guilty of indiscipline by the disciplinary committee may be liable for punishment that may include:

• Expulsion from the membership of the Party.

• Temporary suspension from the membership of the Party.

• Removal from office.

• Imposition of sanctions.

Article VII

Basics of Rules of Conduct of Business

7.1Meetings and Quorums

a) The meetings of the various units of the party shall be convened by the Secretary of the respective unit as and when required.

b) Such meetings shall be presided over by the President of the respective unit or in his absence by the Vice President.

c) The quorums of the meeting shall be 1/3 of the members of the committee of the unit concerned.
d) The meetings of the General Body of the party shall be convened at the direction of the party President and shall be presided over by him. The quorum for the general body meeting shall be 1/3 of its members.

e) The decisions arrived in the meetings of various units of the party shall be on the basis of majority of the members present and voting.

Article VIII

Party Funds & Accounts

8.1Sources: The Financial Resources of the Party shall comprise membership fees, contributions from Party units or its members, voluntary contributions from individuals or associations, subscriptions, profits, sale proceeds of journals or other publications etc. All the expenses of the Party shall be met from this Fund. All funds received by Party shall be utilized for political activities.

8.2 All contributions received by the Party shall be deposited in Govt./Pvt. Bank in the name of Party. The accounts of the party in the bank shall be operated jointly by the Treasurer and the President or the General Secretory.

8.3 The National Committee may suggest the measure to raise the funds for meetings the needs of the party programmers and policies from time to time.

8.4 The Financial Year of the Party shall be from 1st April to 31st March.

8.5 The party will submit its annual financial return to the Commission with in Six Months of the end of the each financial year and the account of party will be audited by the auditor empanelled with CAG. The party will abide by the instructions issued by the commission from time to time in the maintenance of its accounts

8.6Distribution of funds and collections

A. All the units shall have to pay 60% of their collections to its upper unit as party levy.

B. Fund collection receipts and joining forms will be provided by state units only. Lower units (District Unit, Legislative Assembly Unit, and Primary Unit) have no right to print receipts book and paid joining forms. Lower units (District Unit, Legislative Assembly Unit, and Primary Unit) unit will receive receipts books from state unit.

Article IX

Party Constitution’s Amendment Procedure

  1.  
    1. The Party constitution can be amended by the National Committee. The power to overrule amendments to the Party constitution rests solely with Political Affairs Committee.

    2. Any amendment to the Constitution shall be approved from the General Body of the Party comprising State Delegates/National Committee.

    3. Article 11.1 of the party constitution never been changed or amended.

Article X

Merger, Split and Dissolution Procedure

10.1 Any merger/dissolution of the Party cannot be effective without consultation with the Legislative Assembly Units, District Units and State Unit of the Party by the National Committee of the Party and after that to be approved by the Political Affairs Committee of the Party. Thereafter the same shall have to be approved by the General Body of the Party

Article XI

11.1 The Jan Shakti Party of India 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

11.2 The party will not in any manner promote or instigate or participate in violence

11.3 The party will submit its annual financial return to the Commission with in Six Months of the end of the each financial year and the account of party will be audited by the auditor empanelled with CAG. The party will abide by the instructions issued by the commission from time to time in the maintenance of its accounts

11.4 The party will hold at least one in three years periodic and regular elections to all positions of office bearers and organs of the party.

11.5 The Party will contest an election conducted by the Election Commission within five years of its registration and shall continue to do so thereafter.

11.6 Principal of Party

A.) Justice for all, Liberty of thought, expression, faith, Equality for individuals and communities.

Article XII

Party Documents

The National Committee shall maintain the following Party documents which shall be open to all members

12.1 The Constitution and Bylaws of the Party as and when framed.

12.2 The Rules of Order of the Party

12.3 The Adopted Policy of the Party

12.4 The Election Manifesto/Platform of the Party

12.5 All minutes of previous National Committee and the National Political Affairs Committee meetings.

Article XIII

Positions of Trust

13.1 Active members of the Party may contest elections to any constitutional body of the State, Union or the Local body or may be appointed or nominated to the positions of trust with due authorization by the Political Affairs Committee of the Party.

13.2 Conduct of such elected members shall be guided by Party rules and decisions of the National Committee.

13.3 No Party member will hold a position of office as a Minister, Speaker, and Parliamentary Secretary in the Union or the State Council of Ministers for more than 10 years continuously.

13.4 No Party member will hold a position of office as a Minister, Speaker, Parliamentary Secretary in the Union or the State Council of Ministers if his/her blood relative is appointed to any of the said positions.

13.5 The Party shall strive and accord preference to the members with certain minimum qualifications for appointing / nominating / authorizing him/her for contesting union or state elections.

13.6 The party will give proper representation to the youth, women, members of minorities and members of Scheduled caste and Backward Classes in the Party at each level.

Article XIV

Constitution, Rules and Bye-laws

14.1 The National Committee shall frame rules and by laws from time to time.

14.2 The rules and bylaws framed by the National Committee shall be binding on all Party members.

14.3 The Political Affairs Committee shall have the power to overrule the rules and bye-laws framed by the National Committee.

Article XV

Scope of Party Constitution and Bye-laws

The Party constitution and bye-laws will govern the Party, its activities and its members. The constitution has precedence over the bye-laws, and any bye-law that is inconsistent with the constitution shall be deemed null and void to the extent of the inconsistency.