BJP constitution – Article IX-XXVIII
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Article IX : MEMBERSHIP
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Any Indian citizen of the age of 18 years or above who accepts Articles II, III and IV of the Constitution shall, on making a written declaration in the Membership Form (Form A) and on payment of a prescribed subscription, become a member of the Party, provided that he is not a member of any other political party.
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The term of membership will ordinarily be of 6 years (as decided by the National Executive from time to time). With the beginning of the new term all members of the Party will have to fill membership forms again. In the meantime membership will cease by death, resignation or removal.
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No person shall become a member except in his place of permanent residence or where he carries on his usual vocation but at one time he shall not be a member at more than one place.
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The member will have to apply in writing to the District/State concerned for a change of place.
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The subscription received from the members shall be distributed in the following proportion among the units every three years : National 10% State 15% District 25% Mandal 50%
Article X : TERM The term of each Council/Executive/Committee and all office-bearers and members thereof shall ordinarily be three years.
Article XI : Register of members
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A register of Primary members of local committee area-wise shall be prepared by the Mandal committee duly authenticated and certified by the District executive in accordance with the rules prescribed by the National Executive. A copy of the verified Membership Register will be sent to the concerned Local Committee and the District Committee.
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The register so prepared shall contain the full name, father’s/husband’s name, age, occupation, address, serial number of membership form and the date of enrolment of every member as well as the year and membership form number of his first enrolment in the Bharatiya Janata Party.
Article XII : ACTIVE MEMBER
- To become an active member of the Party-
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His membership of the Party should not be less than 3 years.
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He will deposit an amount of Rs. 100/- (personally or by collection) alongwith his active membership form. Even if his form is not accepted this amount would not be refunded
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He will participate in programmes of party including agitational programmes. The concerned unit will keep the record of his participation.
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He will subscribe to party magazine-state or central.
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Only an active member will be eligible to contest elections for a Mandal Committee or become member of any committee or council above the level of a Mandal Committee.
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At the beginning of every term each active member will fill in Form B and submit it to his District Office.
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For every term all active members enrolement forms would be forwarded with the recommendation of the District President. These forms will be considered by a three member sub-Committee, two of whom will be appointed by the District President and one to be appointed by the State President to be its Chairman.
The Committee may exempt certain cases as laid down in sub-rule 1 (a) and (c)
The decision of the Sub-Committee will be notified in the District office.
An appeal against the decision of the District
Sub-Committee shall lie within 10 days with a three-member Committee constituted by the State Executive.
A second appeal against the decision of state three-member committee will lie with a three member National committee nominated by National President.
Accepted forms will be sent back to the District office where a Mandal-wise list will be prepared.
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The list of active membership shall contain the full name, father’s/husband’s name, age, occupation, address, Form and serial Nos. of his/her first time membership of the Party, serial number and date of active membership form and such other details as are required from time to time.
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One computerised copy each of the Mandal-wise list of active members prepared by the District Committee will be sent to the Mandal, State and Central Office.
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An active member will be eligible to take part in Party elections only from areas with which his Mandal is directly linked at the District and State level.
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No active member will be prevented from contesting party elections on charges of disciplinary action against him after the announcement of election schedule by the national executive.
Article XII (A) : Categorisation of States
- The States shall be divided into 3 Categories : Category 1-The States that have got 5 or less than 5 Lok Sabha seats. Category 2-The states that have got 6 to 20 Lok Sabha seats. Category 3-The states that have got 21 or more Lok Sabha seats.
- The State / Union Terretory, where the exsiting 4-tier organisational system is not feasible, may adopt a suitable system with the prior consent of the National President.
Article XIII : Local committee
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A local committee area must have at least 50 members. But where the population of the area is less than one thousand the number of members shall be at least 25.
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The President and members of a local committee, will be elected by all the members of the area as prescribed by the rules.
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The local committee shall be divided into 4 categories: (1) Local Committee having 25 to 49 members. (2) Local Committee having 50 to 149 members. (3) Local Committee having 150 to 299 members. (4) Local Committee having 300 members and above.
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For category (1) Local Committee, President and 8 members will be elected out of which at least three will be women. The President will nominate one Secretary from amongst the members.
For category (2) Local Committee, President and 12 members will be elected out of which at least four will be women. The President will nominate one General Secretary and one Secretary from among the members.
For category (3) Local Committee, President and 16 members will be elected out of which at least 6 will be women. The President will nominate one Vice-Presisent one General Secretary and one Secretary from among the members. Among the office bearers, there shall be at least one woman.
For category (4) Local Committee, President and 20 members will be elected out of which at least 7 will be women. The President will nominate 2 Vice-Presidents, one General Secretary and 2 Secretaries from among the members. Among office bearers at least two must be women.
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The President must be a member of the party for not less then one year. The District President can waive this one year period in deserving cases.
Article XIII (A) : GRAM KENDRA/SHAHARI KENDRA A Gram Kendra/Shahari Kendra will have viable number of local Committee units under its jurisdiction which will be decided by the State. The Mandal President will nominate from among Mandal Executive Committee members, a Convener of a Kendra. The local Committee Presidents of the Kendra will be members of the Kendra Committee.
Article XIV : Mandal Committee
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A Mandal Committee of Category 1 state shall consist of a President and not more than 20 members, at least 7 of whom shall be women and 2 belonging to S.C./S.T. The President of the Mandal shall nominate from amongst the members of the Committee, not more than two Vice-Presidents, one General Secretary, one Treasurer and not more than two Secretaries.
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A Mandal Committee of Category 2 state shall consist of a President and not more than 30 members, at least 10 of whom shall be women and 2 belonging to S.C./S.T. The President of the Mandal shall nominate from amongst the members of the Committee not more than three Vice-Presidents, one General Secretary, one Treasurer and not more than three Secretaries.
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A Mandal Committee of Category 3 state shall consist of a President and not more than 40 members, at least 13 of whom shall be women and 3 belonging to S.C./S.T. The President of the Mandal shall nominate from amongst the members of the Committee not more than four Vice-Presidents, one General Secretary, one Treasurer and not more than four Secretaries,
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The President and members of the Committee shall be elected by all the elected members of at least as many local Committees of the Mandal, the number of which shall be determined by the State Executive.
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The office bearers of Mandal Committees of all the Categories of states shall include among them women and SC/ST members in the following manner : women : at least two in category1, three in category 2 and four in Category 3. SC/ST : at least one in each category.
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Only active members can be the Mandal Committee members. The District President can waive this condition of three years period to become an active member in such cases where it is absolutely necessary.
Article XV : DISTRICT COMMITTEE
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District Committee of Category 1 states shall consist of a President and not more than 30 members, at least 10 of whom shall be women and 3 belonging to S.C./S.T. The President of the District Committee shall nominate from amongst the members of his Committee not more than three Vice-Presidents, one General Secretary, one Treasurer and not more than three Secretaries. Among office bearers three will be women.
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District Committee of Category 2 states shall consist of a President and not more than 44 members, at least 15 of whom shall be women and 4 belonging to S.C./S.T. The President of the District Committee shall nominate from amongst the members of his Committee not more than four Vice-Presidents, two General Secretaries, (out of whom one will be General Secretary Organisation) one Treasurer and not more than four Secretaries. Among office bearers four will be women and one SC/ST.
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District Committee of Category 3 state shall consist of a President and not more than 60 members, at least 20 of whom shall be women and 4 belonging to S.C./S.T. The President of the District Committee shall nominate from amongst the members of his Committee not more than five Vice-Presidents, three General Secretaries (one of whom will be General Secretary Organisation), one Treasurer and not more than five Secretaries. Among office bearers five will be women and one SC/ST.
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The President shall be elected by the members of all the elected Mandal Committees. Any ten members of the District electoral college should jointly propose any active member for the post of District President, but such proposal should come from at least 1/3 of the elected Mandals. The President will nominate other members of the committee giving due representation to the geographical, professional social and organisational spread.
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The appointment of General Secretary Organisation must necessarily be made with the prior consent of the State President. If for any reason it is necessary to relieve or change the General Secretary-Organisation, the same can be done only with the prior consent of the State President. If occassion arises, the State President can direct the appointment of General Secretary-Organisation.
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With the prior consent of the State President, the District President can appoint General Secretary (Organization) even from outside the members of his Committee. He will be a full member of the Committee.
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President must be a primary member for a minimum period of six years and other committee members are to be primary members for not less than three years. They must also be active members. In exceptional cases and in the best interest of District Unit the District President can waive this condition for five members at the maximum and with prior permission of the state president.
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The number of special invitees in District Executive shall not exceed 20 percent of the total members of the executive besides exoffice permanent invitees.
Article XVI : STATE COUNCIL
- A State Council shall consist of :
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Members elected by the District Units as laid down in sub-clause 2.
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10% of Party legislators to be elected by all the members of the legislative party, but not less than 10; if the total number of legislators is below 10, then all of them.
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10% of Party Parliament members from the state, but not less than 3. If the number of Parliament members from the state is below 3, then all of them.
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All members of National Council from the State.
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All former State Presidents.
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All members of the State Executive.
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All office-bearers of a Regional Committee.
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Leaders of the Party in State Assembly and State Council.
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Presidents and General Secretaries of the District Committees in the State.
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Party Presidents/Chairmen of Corporations, Municipalities, Zila Parishads and Blocks.
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Nominated members (not more than 25) by the State President.
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State Presidents of allied Morchas and Cells.
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Members of the elected Mandal Committees in a District shall elect members for the State Council equal in number to the number of seats in the State Assembly allocated to the District, provided that these elected members shall include a minimum number of persons belonging to Scheduled Castes/Tribes, equal to the Assembly seats reserved for them from that District.
Two Legislative Assembly Constituencies of each District shall be grouped together and divided into Sectors and at least one representative must be elected from each Sector. The demarcation of these sectors shall be made by the State Executive. If the members so elected do not include a woman member and if all the seats of the District are reserved then one additional woman member and one additional representative not belonging to Scheduled Castes/Tribes shall be elected for the State Council from that district.
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Each member of the State Council shall pay a fee of Rs. 50/-
Article XVII : STATE EXECUTIVE
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The State Executive of Category 1 states shall consist of a President and not more than 50 members, at least seventeen (17) of whom shall be women and four (4) belonging to S.C./S.T.
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The State Executive of Category 2 state shall consist of a President and not more than 60 members, at least twenty (20) of whom shall be women and five (5) belonging to S.C./S.T.
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The State Executive of Category 3 state shall consist of a President and not more than 70 members, at least twenty four (24) of whom shall be women and not less then 6 SC/ST.
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The President shall be elected by members of the State Council from categories (a), (b) and (c) of Article XVI (1) as per rules prescribed by the National Executive.
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The President so elected shall nominate his Executive Committee.
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The President would nominate from among the members of the Executive of Category 1 State not more than four Vice-Presidents, two General Secretaries (one of them to be General Secretary-Organization), four Secretaries and one Treasurer. Among office bearers four will be women and 2 SC/ST.
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The President would nominate from among the members of the executive of Category 2 State not more than five Vice-Presidents, three General Secretaries (one of them to be General Secretary-Organization), five Secretaries and one Treasurer. Among office bearers five will be women and 2 SC/ST.
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The President would nominate from among the members of the Executive of Category 3 State not more than six Vice-Presidents, four General Secretaries, (one of them to be General Secretary-Organization,) six Secretaries and one Treasurer. Among office bearers six will be women and two SC/ST.
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Any ten members of state electoral college should jointly propose any person who has been an active member for three terms and a primary member for 10 years, for the post of President. But such joint proposal should come from at least 1/3 of the elected district. The consent of the candidate is necessary.
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The appointment of General Secretary-Organisation must necessarily be made with the prior consent of the National President. If for any reason it is necessary to relieve or change the General Secretary-Organiation, the same can be done only with the prior consent of the National President. If occassion arises, the National President can direct the appointment of general Secretary-Organisation.
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With the prior Consent of the National President the State President can appoint a General Secretary (organisation) even from outside his Executive Committee. Such a person shall be full fledged member of the Executive Committee.
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The State President will nominate at least 25 percent new members in his committee. The number of special invitees in the State Executive shall not exceed 25% of its total strength besides ex-officio permanent invitees.
Article XVIII : NATIONAL COUNCIL
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The National Council shall consist of :
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Members elected by the State Council as laid down in sub-clause 2;
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10% of the Party members of Parliament to be elected by all the Party members of Parliament, but not less than 10; if the total number of Party members is less than 10, then all of them
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All former National Presidents;
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All State Presidents;
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Leaders of the Party in Lok Sabha and Rajya Sabha;
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Leaders of the Party in State Assemblies and Councils;
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Nominated members (not more than 40) by the National President;
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All members of the National Executive; and
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All India Presidents of Allied Morchas and Cells.
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Members of the State Council comprised in categories (a) (b) and (c) of Article XVI (1) shall elect members for the National Council equal to the number of Lok Sabha seats allocated to that State, provided that these members shall include a minimum number of persons belonging to Scheduled Castes/Tribes equal to the number of seats reserved for them from that State. Two Lok Sabha Constituencies of the State shall be grouped together and divided into Sectors and at lelast one representative from each Sector must be elected. The demarcation of these Sectors shall be made by the National Executive.
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Every member of the National Council shall pay a fee of Rs. 100/-
Article XIX : ELECTION OF THE NATIONAL PRESIDENT
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The National President shall be elected by an electoral college consisting of :
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Members of the National Council as mentioned under Article XVIII 1 (a) and (b)
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Members of the State Councils as mentioned under Article XVl, 1(a), (b) and (c).
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The election shall take place in accordance with the rules framed by the National Executive.
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Any twenty members of the electoral college of a stste can jointly propose any person who has been an active member for four terms and has fifteen years of membership, for the post of National President. But such joint proposal should come from not less then five states where elections have been completed for the National council. The consent of the candidate is necessary.
Article XX : NATIONAL EXECUTIVE
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The National Executive shall consist of President and not more than 80 members, of whom at least 27 shall be women and 8 belonging to SC/ST, to be nominated by the President.
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The President shall nominate from amongst the members of the National Executive not more than nine Vice-Presidents, not more than seven General Secretaries (one of these to be General Secretary-Organization), one Treasurer and not more than nine Secretaries. Out of the office-bearers there will be at least 9 women and at least two (2) SC/ST giving representation to at least one from each category.
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Only such persons will be nominated to the Executive as have been Active Member for at least three terms. The President may in special circumstaces grant exemption upto 15 members from this condition.
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The National President will have at least 25 percent new members in his committee. The number of special invitees in the National Executive shall not exceed 30% of its total strength besides ex-officio permanent invitees.
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At the National, State and District levels only a whole time worker shall be appointed as General Secretary (Organization). He will be eligible to contest any election only two years after his relinquishing office.
Article XXI : TERM OF THE PRESIDENT
No member will hold the post of a President consecutively for more than one term of three years.
As and when it is found necessary, the national president may appoint one or more organising secretaries to assist the General Secretary (Organisation) and may allow similar appointments at the state level, by the state president.
As and when it is found necessary, the national president may appoint zonal organising secretaries to look after the organisation in two or more states.
Article XXII : Plenary session
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The following shall be entitled to attend the Plenary Session :
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All members of the National Council;
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All members of the State Councils;
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All members of the Party in Parliament;
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All members of the Party in State Legislature; and
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All other categories agreed upon by the National Executive for the Session.
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A Plenary Session of the Party shall ordinarily be held once in every term at such time and place as may be determined by the National Executive.
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The National President shall preside at the said session.
Article XXIII : SPECIAL SESSION
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A Special Session of the Party will be held, if the National Executive so decides or if at least 1/3 members of the national Council Jointly make a request to the National President to convene such a special session for discussing an agenda specified in the demand.
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All members of the National Council shall be delegates for the Special Session.
Article XXIV : POWERS AND JURISDICTION
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All decisions taken at a Plenary Session or a Special Session shall be binding on all units, organs, allied Morchas, Cells and members of the Party.
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Subject to the decisions mentioned in sub-clause 1, the National Council shall be the highest policy making body of the Party.
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Subject to sub-clause 1 and 2, the National Executive shall be the highest authority of the Party. Every power not specifically vested in any other organ shall be exercisable by the National Executive. It shall lay down rules for carrying out the functions of all units and organs. it shall frame rules for the maintenance of funds which will be audited and approved annually, It shall be the duty of the National Executive to allocate the powers to all other units and organs, to frame rules, to create machinery for holding elections and for settlement of disputes therefrom.
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All other organs and untis shall perform such functions and carry out such duties in their respective area as may be determind by the National Executive.
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National Executive will frame rules for the constitution of Disciplinary Committees at different levels for deciding matters relating to violation of descipline.
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National Executive will frame rules for filling the vacancies caused by resignation, expulsion or death of a member.
Article XXV : Parliamentary board
The National Executive shall set up a Parliamentary Board consisting of the Party President and 10 other members one of whom will be the Leader of the Party in Parliament, with the Party President as Chairman. One of the General Secetaries shall be nominated as Secretary of the Parliamentary Board by the President.
The parliamentary Board has power to supervise and regulate the activities of the legislative and parliamentary parties of the party, to guide in the formation of ministry and also has the authority to take note of any breach of discipline by members of the legislative and parliamentry parties and also by office-bearers of state-units and take such actions as are necessary. The Board will discuss and decide any policy pursuit or policy change which has not till then been adopted by the party. The Board shall have power and authority to guide and regulate all the organisational units below the National Executive. This decisions shall be ratified at a special meeting of the national executive within twenty one days of the said decision.
Article XXVI : CENTRAL ELECTION COMMITTEE
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The National Executive shall set up a Central Election Committee consisting of the Parliamentary Board and 8 other members elected by the National Executive as per rules. National President of Mahila Morcha shall be ex-officio member of the Central Election Committee. The Central Election Committee will
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Make final selection of candidates for the State Legislatures and Parliament; and
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Conduct election campaigns.
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Propose names of Party candidates for Legislature and Parliamentary seats from the State to the Central Election Committee;
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Make final selection of Party candidates for the various Local Body Elections, Co-operative institutions and the like; and
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Conduct election campaigns in the State.
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Membership forms of the Party shall be printed by the respective State Units only.
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Membership forms shall be serially numbered. after a six year term, the serial Number will again be from 1. They shall carry the signature of the State President.
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Membership forms shall be issued in the form of books. In the first year of the membership being taken up in the area for the first time a book containing 25 forms will be issued. Normally a book will have 10 forms.
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A District/Mandal unit shall primarily be responsible for the enrolment of members. The state unit shall issue membership forms to the District units. As a special case, membership forms will also be issued to individual members but not more than 50 forms shall be issued at one time. Additional membership forms shall be issued to the individual only when full account of the forms already issued is rendered and fees deposited. If there are complaints that any District unit is not issuing forms properly, the State unit, after due verification of facts may issue forms to the Party units or individuals and inform the District unit concerned accordingly.
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When membership forms are issued, a signed acknowledgement shall be obtained by the State/District/Mandal units. In the event of any individual failing to return the unused forms and/or account of used forms in time he shall be disqualified from contesting organisational elections for that term.
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The District units shall prepare the list of members for every term, local committee and Mandal wise. New members enrolled would be added to the list. A detailed proforma of the total number of members, each local committee and Mandal-wise would be sent to the State office. While preparing the proforma the number of those members who have died or resigned or were removed during the term would also be mentioned and their number reduced from the total list
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Active member application forms will also be printed by the State unit. The completed forms received by the Mandal from the members would be forwarded to the District Party Office for their approval. The approved forms would be sent to the District Office where a list of active members would be prepared Mandalwise. Copies of these lists would be sent to the Mandal, State and Central offices and until these lists reach central office elections cannot be held for the mandal level untis.
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No member of the Party can enrol himself in more than one place in either of the lists prepared under sub-clause 6 (a) or (b). If a member wants a change of place he will have to apply under Article IX (a) 4.
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The amount received by the State from District/ Mandal againstActive Member forms would be distributed as under : Mandal 25 p.c. District 50 p.c. State 15 p.c. Centre 10 p.c.
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Any State or its subordinate unit which fails to comply with these rules shall be liable to disciplinary action.
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Rules for disposal of objections or appeals therefrom for the preparation of electoral rolls will be framed by the National Executive.
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For Party elections, generally held every three years, the National Executive would prepare the time table.
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All elections of the Party, excepting for the Local Committee, shall be held by secret ballot.
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Time-table for the election of National and State Presidents and National Council will be drawn by the National Executive.
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For elections to Mandal, District and State the nominations shall be accepted one day before voting. Time for withdrawal of nominations shall be fixed after scrutiny. Even if there is a possibility of a unanimous election, the result shall be declared on the next day at the time of voting.
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After withdrawal, if election is necessary, then voting shall take place on the next day. Separate lists of candidates for the posts of President and members of the Committee shall be prepared in legible hand by the Returning Officer, Sectorwise and put on the walls in the Polling Station itself. The voter shall cast his vote by writing names on the ballot paper provided to him from the lists.
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Only one agent each along with the candidate shall be allowed to enter the Polling Station. After polling is over, votes shall be counted and the result shall be declared.
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For the election of President, only one name will be written on the ballot paper. One who secures the highest number of votes would be declared elected.
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For elections of Mandal Committee members, voters will write not more than, 20/30/40 as the case may be, names from amongst the candidates. Those, 20/30/40 as the case may be, securing the highest numbers of votes would be elected.
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Elections for Mandal Committee, District President, State Council, National President and National Council Members will be by simple majority through secret ballot.
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One who will not be able to fill up his own ballot paper can take help from any other voter of his choice. Provided that such helper would not be permitted to help more than once in one election.
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Even though nomination and ballot papers of many elected posts are generally similar, separate papers should be printed on different coloured papers for different posts.
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The National Executive shall appoint a Returning Officer for conducting the triennial election of the Party.
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The All India Returning Officer shall appoint a State Returning Officer for each State for the conduct of elections of the District President and members of the State Council from those districts. The State Returning Officers will in turn appoint District Returning Officers for conducting Mandal elections. The District returning officer will appoint Mandal returning officers to conduct Local Committee elections. The District and Mandal returning officers must be from outside the area for which election is to be conducted. There will be no bar for State Returning Officer to be a candidate for the National Council.
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Election disputes during election up to the Mandal level would be decided by the District Returning officer. These must be submitted within 3 days of the dispute. They will be disposed off within 7 days. Appeal will lie with the three member State appeal committee appointed by All India Returning officer within 10 days.
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Election disputes during the election of the District President and the election of State Council Members would be submitted to the State Returing officer within 3 days who will dispose them off within five days. Appeals will lie with the All India three member appeal committee appointed by All India Returning officer within 10 days. The appeal shall be disposed of within a month.
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Returning officer to conduct election of the State President and members of the national council from that State will be appointed by the All India Returning officer from outside that state. with the permission of the All India Returning officer, the election of the State Presidenct can also be conducted as laid down under rule 11 by making polling arrangements at all District centres of the State under the supervision of polling officers appointed by the state Returning officer. The sealed ballot boxes will be taken to the state office. On the day fixed for counting of votes, votes would be counted and one who secures the highest votes would be declared elected. Otherwise the election of the State President and the members of the National Council shall be held (Nominations, Scrutiny and withdrawal of names on first day and by ‘‘Voting’’ on second day) at the time of conference of Pratinidhi Sabha of the state.
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The process of electing the State President or members of the National Council from the State would start only when 50.p.c of the District President and State Council members have been duly elected.
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The process for the election of All India President would begin only after 50% of the election of National Council members has been completed.
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If there are more than one name left after expiry of time for withdrawals, then on the fixed day of poll, in all the State Capitals, polling will be conducted by polling officers appointed by the All India Returning Officer. The sealed ballot boxes will be brought to Delhi at the earliest. On the day fixed for counting one who secures highest votes, would be declared elected.
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After the announcement of the result of election by the State Returning Officer, election petitions which are filed within 15 days, will be heard by a Three Member Panel to be appointed by th State Executive. Appeals filed within one month will be heard by an All India Three Member Panel which will be appointed by the National Executive, whose decision will be final.
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Disciplinary Action Committee of not more than 5 members will be constituted by the National and State Executive respectively at the National and State levels. These Committees shall draw their own procedures.
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A State Disciplinary Action Committee can take action only against units subordinate to it and individuals other than Members of the National Council and Members of Parliament.
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On receipt of a complaint for breach of discipline, the National President or the State President, if he so desires may suspend an individual or a Unit followed by a show cause notice within a week of the said order.
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Maximum 10 days time from the date of receipt of such notice may be given to a person to reply. The State President within 7 days after the due date of the explanation shall forward the said complaint along with explanation, if any, to the State Disciplinary Action Committee.
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Disaplinary Action Committee will submit its report to the President in not more than 15 days. The State President shall take action on the recommendation of the Disciplinary Action Committee within a week. If final order is not passed even after the prescribed time, the case will be referred to the immediate next meeting of the State Executive for decision. The State President will communicate the action taken to the concerned person or unit within a month.
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No final decision for breach of discipline shall be taken against any individual or a Unit without an opportunity being given to the individual or Unit concerned to explain and answer such charges as are made against it or him/her.
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Any disciplinary action at the State level shall be reported to the National President within a week of taking such action.
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Any Unit or member aggrieved by the disciplinary action taken by the State Unit may go in appeal within 15 days to the Central Disciplinary Action Committee. The appeal shall be disposed off within two months. But any appeal against the desicion of a State Executive will be considered only in the next meeting of the National Executive. The State President shall communicate the appellant the action taken on the decision of the Central Disciplinary committee within one month.
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Any member contesting election against the official candidate of the Party will be summarily expelled from the Party by the State President or the All India President.
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The National President if he so desires, may suspend any member and then start disciplinary proceedings against him.
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Acting or carrying on propaganda against any programme or decision of the Party.
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Opposing the official candidate of the Party in elections to public bodies excluding those where party symbols are not allotted.
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Violating any rule or disobeying any order passed by a competent authority of the Party.
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Taking a Party dispute to any other agency outside the Party including print and electronic media.
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Collecting funds for the Party unauthorisedly, misusing the Party funds or indulging in malpractices in enrolment of members or in the conduct of Party elections.
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Acting in a way calculated to lower the prestige of the Party or carrying on propaganda against any Party Unit or its office-bearers.
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Members absenting without approval for three consecutive meetings of their Unit will be liable to be removed by a resolution of the concerned Unit.
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President of a Local, Mandal, District or a Regional Committee can be removed by a resolution passed by a 2/3 majority of the members present and voting in a meeting of the Unit concerned. Provided a written notice signed by not less than half of the members of the Committee is sent to the President of the concerned Higher Committee, on receipt of which he will nominate an office-bearer/member of his committee to call an emergencey meeting of the lower Committee under the nominee’s chairmanship where the notice will be taken up.
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A President can remove an office-bearer nominated by him only after a motion to the effect is adopted by his Committee.
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The All India President or a State President can be removed by the National Council or the State Council by a resolution passed by 2/3 majority of the members present which shall be not less than 50% of the total number of Council members, at a requisitioned meeting by at least 1/3 of the total number of members of the Council. The requisitioned meeting shall be held within 20 days from the date of the receipt of the motion by the concerned president.
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To fill vacancy in any Committee or a Council the remaining elected members of that body will be entitled to fill the vacancy. But a vacancy of the woman member, SC/ST members will be filled up by members belonging to the respective categories only.
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Vacancy of the President of any Unit will be filled in the same manner as was done originally. Till then an ad-hoc appointment will be made by the President of the higher body who in turn will nominate his office-bearers from amongst the members of the existing Committee/Executive.
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No post will remain vacant for more than 6 months.
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To Preside over the sittings of the concerned Commitee or Council.
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To nominate, as per the Constitution, members/office-bearers to his Committee/Executive.
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To allocate the work and duties among the office-bearers and members of the Committee/Executive.
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To exercise any power of his Executive/Committee, in an emergency, when it is not in session provided that any such action will have to be approved in its subsequent meeting.
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To take part in talks with other Parties and to nominate representatives from the Party for the work.
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To decide the date of the Committee/Executive meeting and to convene the meeting as per rules of the Party Constitution.
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To appoint Presidents for the various Morchas and Cells of the Party and to co-ordinate their functioning.
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To conduct workers Study Camps and Conferences as organised by the Committee/Executive.
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To guide the Committee/Executive in implementing programmes for furthering the organisational and constructive activities and agitational programmes of the Party.
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The Presidents of the various units will be authorised to spend upto the following amounts on their own : Local Committee – Rs. 5,00/- Mandal Committee – Rs. 2,000/- Regional & District Committee – Rs. 10,000/- State Committee – Rs. 50,000/-
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To carry out the responsibilities as directed by the President.
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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.
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In place of the President, the Vice-President directed by the President will discharge all the functions and powers of the President.
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To convene meetings as per the instructions of the President, issue circulars and agendas as well as to organise the meetings.
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To maintain the minutes of the meeting and to circulate it among members.
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To organise programmes, meetings, conferences, agitations and to look after publicity.
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To run the office of the Party and make necessary appointments with the consent of the President.
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To execute the decisions of the President and the Committee/Executive.
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To discharge the functions allocated by the President and to help the General secretary in his duties.
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To maintain the income and expenditure account of the Committee/Executive.
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To get the accounts examined/audited and to report the same to the Committee annually.
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To audit the accounts of all subordinate units.
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Fund collection receipts will be printed at the National and State levels only.
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Each receipt will be duly numbered and issued in books containing 20 receipts.
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Each receipt shall bear a facsimile signature of the concerned Treasurer. The counterfoil will be signed in full by the member who collects the money.
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Bank Account will be opened in the name of the Party upto a Mandal Committee level to be jointly operated by any two amongst the Treasurer and the President or the General Secretary of the Unit.
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Amount of a purse presented to a State leader shall be divided as under : Mandal 40 p.c. District 30 p.c. State 30 p.c.
In case where a purse has been presented to a Central Leader, 1/2 of State’s share would be remitted to the Centre.
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Accounting year shall be from First April.
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Annual accounts of each Committee will be audited by a person appointed by a resolution of the concerned Committee and approved annually.
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Aajeewan Sahayog Nidhi. Any individual contributing Rs. 1,000/5,000/10,000 per year against coupons will be enrolled as Aajeewan Sahayogi member. The central share of the funds collected by the states for Aajiwan Sahayog Nidhi shall be 25 percent.
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The National President of BJP will nominate All India Presidents for all the Morchas and cells.
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BJP State Presidents will nominate State President of a Morcha with the advice of All India President of that Morcha.
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The All India working committee of a Morcha will comprise of :
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All State Presidents of that Morcha; and
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Members not more than 40 nominated by the All India President of that Morcha.
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The All India Morcha President would nominate not more than five Vice-Presidents, One General Seceratery, one Treasurer and five Secretaries from amongst the members of his committee.
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B.J.P. District President will nominate District President of a Morcha with the concurrence of the State President of that Morcha. If concurrence could not be obtained then State President shall nominate the District President of the Morcha in consultation with the State President of the Morcha.
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The State working Committee of a Morcha will comprise of :
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All District Presidents of that Morcha; and
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Members not more than 30 nominated by the State President of that Morcha.
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The State President would nominate not more than four Vice-Presidents, one General Secretary, one Treasurer and four Secretaries from amongst the members of his Committee.
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B.J.P. Mandal President will nominate Mandal President of a Morcha with the concurrence of the District President of that Morcha. If concurrence could not be obtained then District President of the BJP shall nominate Mandal President of the Morcha in consultation with the District President of the Morcha.
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The District Committee of a Morcha will comprise of :
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All Mandal Presidents of that Morcha; and
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Members not more than 20 nominated by the District President of that Morcha.
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The District Morcha President would nominate not more than three Vice-Presidents, one General Secretary, one Treasurer and three Secretaries from amongst the members of his committee.
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Mandal Morcha President will nominate with the advice of BJP Mandal President not more than 24 members for his Mandal Morcha Committee out of whom there will be one Vice-President, one General Secretary, two secretaries and one Treasurer.
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District Committee and above of Mahila, Youth and Kisan Morchas shall have at least two members of SC/ST.
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District Committee and above of Youth, Kisan, S.C. and S.T. Morchas shall have at least one woman member.
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Cells will be constituted at National, State, District and Mandal level to cater to the interests of ex-soldiers, Traders, Employees, Labour, Washermen, Weavers, Cattle breeders, fishermen, Jhuggi-Jhonpadi dwellers, Hawkers, those working in cooperatives etc.
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All India President of the Cells, office-bearers and members of the committee will be nominated by the All India BJP President, State Presidents of the cells, office-bearers and members of the committee will be nominated by the State President of BJP. The district Presidents of the Cells, office-bearers and members of the Committee will be nominated by the District President of BJP.
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Funds for the Morchas and cells will be collected only on BJP Receipt Books issued by the corresponding BJP committee with the Morcha/Cell stamp affixed on them. The amount will be deposited with the corresponding BJP account under a separate head and would be spent only with the consent of that Morcha or Cell President. Funds collected by the Morchas and Cells at different levels would be divided as under :
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25% of the total amount collected by a Morcha or Cell upto the District level would be transferred to the State fund of that Morcha or Cell: and
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10% of the total amount collected by a Morcha or a Cell upto the State level would be the share of the All India fund of the Morcha or Cell.
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Additional funds required for Morchas’, or Cells’, activities would be the responsibility of the corresponding BJP Units.
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A Morcha or a Cell All India/State President with the concurrence of National/State BJP President, as the case may be, can suspend any member or Unit of the Morcha/Cell if a case of breach of discipline of the Morcha Cell is brought to his notice. The aggrieved member or Unit will be served with a notice and asked to explain. The matter then will be referred to the Central/State BJP Disciplinary Committee (along with the reply if received). A representative of the Morcha/Cell appointed by the Morcha/Cell President at the Central/State level will also be associated with the Disciplinary Committee when the matter is considered.
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All activities of the Morcha/Cell would be governed by the Constitution and Rules of the BJP.
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Only Active Members of BJP would be eligible to be members of All India working Committee, State working Committees and District working Committees of the Morchas and Cells.
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BJP members ordinarily upto the age of 35 years would be eligible to work in the Yuva Morcha.
Article XXVII : STATE ELECTION COMMITTEE By framing necessary, rules the State Executive shall elect a State Election Committee of not more than 15 members. The President of State Mahila Morcha will be the ex-officio members of the State election Committee. The State election Committee will
Article XXVIII : CO-ORDINATION COMMITTEES :
STATE: to co-ordinate and to bring about better understanding and co-operation between the organisitional and legislative side of the party the State President shall constitute a seven member co-ordination committee with state president as chairman and six other members, three of whom will be from state executive and three from legislature party including the leader of the Legislative Party. This committee will be under the supervision, direction and guidance of central parliamentry board.
DISTRICT: The District president will constitute the district coordination Committee. The District President and four other senior members of the district committee along with BJP leaders of corporations, municipalities, District Panchayat and co-operative will be members of the district co-ordination committee. The District President will be the Chairman of the Committee. This committee will co-ordinate, regulate and guide the activities of these local bodies and will be under the supervision, direction and guidance of state co-ordination committee.
MANDAL: The Mandal President will consititute a mandal co-ordination committee consisting of the leader of the block level panchayats and two representatives of gram panchayats comprised within the mandal and three members of mandal committee of which one will be general secretary. The mandal president will be president of this committee. This committee will regulate and co-ordinate the activities of panchayats under the mandal and will be under the supervision, direction and guidance of district co-ordination committee.
Article XXIX : STATE FUNDS AND ACCOUNTS A five member finance committee at state level for all the states from out of a panel of ten names submitted by state president will be constituted. Out of the five members one will be the state treasurer. This five member committee will be constituted by the national treasurer and will be responsible for the collection of funds, expenditure and maintenance of account in each state. This committee will function under the direction of state president and will be guided by national treasurer.
Article XXX : SCRUTINY OF REGISTER OF MEMBERS The State Executive and the District Committee shall undertake periodical scrutiny of the six year term Register of Members maintained by each Mandal and shall dispose of all complaints regarding irregularities and rectify the records. If large scale irregularities are reported, the National Executive may take such action as it considers necessary. The State Returning Officers will not proceed with the elections unless the register is scrutinised and rectifide as mentioned above.
Article XXXI: MORCHAS AND CELLS 1. Mahila, Youth, Kisan, Minorities, Scheduled Castes and Scheduled Tribes Morchas will be constituted at all levels, and Cells formed at the National, State and District level for other fields, according to the rules framed by the National Executive.
Article XXXII : ELECTION DISPUTES Subject to the rules framed by the National Executive, State Executives, District Committees and Mandal Committees shall make arrangements for dealing and disposing of all disputes arising out of elections to Units and organs within their jurisdiction.
Article XXXIII : INTERPRETATION OF CONSTITUTION The National Executive has the power and authority to interpret the Articles and Rules of the party constitution and also import thereof whenever an occasion arises for the same. The National Executive decision in respect of the above shall be final and binding on all member or units.
Article XXXIV : AMENDMENT OF THE CONSTITUTION The Constitution can be amended, altered and added to, only by the National Council of the Party, provided that the National Executive shall have the powers to amend, alter and add to this Constitution also. The changes so made by the Executive shall be placed before the very next session of the National Council for
ratification, but they may come in operation even before such ratification from a date as may be prescribed by the National Executive.
FORM A
BJP constitution – RULES
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RULES
Articles IX,X and XI
Primary and final publication of primarymembers lists shall be done at Local, Mandal and District offices. Final publication of Active Members lists shall be done at Mandal, District and State Offices.
BJP constitution – Article XIII : LOCAL COMMITTEE
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Article XIII : LOCAL COMMITTEE All members of the Local Committee shall meet at an appointed time, date and place, fixed for elections. Candidates will file their nomination papers (Form C) an hour before the time of poll.
After scrutiny and withdrawals, elections, if necessary, shall ordinarily be by show of hands and declaration of result shall be on the basis of getting more votes.
Article XIV : MANDAL COMMITTEE Mandal Committee elections will be held only when at least 20 percent additional members have been enrolled for the new term.
Article XV : district committee Election for the District President and State Council members to be elected from the district will be held only when 50% of the total Mandals in the District have been duly constituted.
Method of voting
BJP constitution – Conduct Of Election
| Print |
Page 5 of 9
Conduct Of Election
BJP constitution – Article XXV : Disciplinary Action
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Article XXV : Disciplinary Action
BJP constitution – BREACH OF DISCIPLINE
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BREACH OF DISCIPLINE
Breach of discipline includes the following :
SITTINGS
Sittings of the various Units of the Party shall ordinarily be held at least as under :
National Council and State Council-Once every Year.
National Executive and State Executive-Once every three months.
District, Regional and Mandal Committee-Once every two months.
Local Committee-Once every month.
In case no meeting of a Regional, District or a Mandal Committee is held even once in six months, the Unit will automatically stand dissolved. If a Unit becomes inactive, the State Executive will have the power to dissolve the Unit upto the District level after giving it an opportunity to explain.
The National President and the State President as the case may be, will nominate an ad-hoc body to look after the work of the dissolved Unit. Normally, elections, will be held within six months of the ad-hoc arrangement. But, if even after six months a duly elected unit is not formed, the earlier announced ad-hoc body shall be replaced by another ad-hoc arrangement.
NOTICE FOR SITTTINGS
Ordinary Emergency
Meeting Meeting
Local Committee 5 days 2 days
Regional and Mandal 10 days 3 days
Committee
District Committee 15 days 5 days
State Executive 21 days 7 days
National Executive 21 days 7 days
State/National Council 30 days 10 days
VACANCIES
BJP constitution – QUORUM
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QUORUM Quorum for all Committee/Executive meetings shall be one-third of the strength of the Unit or ten, whichever is less.
Quorum for all Council meetings will be one-tenth of the total strength of the Council. A meeting adjourned for lack of quorum will meet again after the same lapse of time at the same place and time to transact the same business.
Provided that there shall be no need of a quorum for an adjourned meeting.
DELEGATE A delegate shall not be permitted to take part in any session or meeting of the Council unless he pays the requisite delegate fee.
REPRESENTATION OF MORCHAS AND CELLS The Presidents of all approved Morchas and Cells of the Party shall be permanent invitees to the corresponding BJP Executive Committtee.
FUNCTIONS OF THE OFFICE-BEARERS President
National President – Any amount considered to be appropriate If under unavoidable circumstances, amounts more than authorised are spent, it would be essential to get the necessary approval of the same at the very next meeting of the Committee/Executive.
VICE-PRESIDENT
GENERAL SECRETARY SECRETARY TREASURER REQUISITIONED MEETING
The number required for making a quorum for the Executive Committee or council meetings, will be necessary for making a joint representation to the concerned President specifying the subject for which a requisitioned meeting is asked for. On receipt of such a requisition, a Committee or Executive meeting shall be called within ten days and a Council meeting within one month.
PARTY FUNDS Other forms
BJP constitution – Rules for morchas and cells
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Rules for morchas and cells
bjpcadc 