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CONSTITUTION
OF THE
BHUTAN GARMENT WORKERS' UNION (BGWU)
---August, 2000
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PREAMBLE
WHEREAS it is expedient to make timely attempt to organize the Bhutanese Garment Workers and aware of them of the basic workers` right, the convention of the Bhutan Garment Workers` Union to be affiliated to the Federation of Bhutanese Trade Unions [FOBTU] meeting in Birtamode, Jhapa [Nepal] on --August, 2000 resolves
CONCERNED
at the discriminatory policies of the Bhutanese Government in terms of employment,
MINDFUL
of the blatant abuse of the basic Human rights and Trade Union Rights by the Bhutanese Regime,
NOTING
the ILO core labour standards and lack of such rights in Bhutan,
STRESSING
the need to establish the Democratic system of the governance where free flow of ideas and overall development is possible, Bhutan Garment workers' Union resolves to call on all the Bhutanese workers who are engaged in garment sectors to unite to work for achieving the ultimate goal of workers' Democracy in Bhutan and to work for the establishment of participatory form of Government Which can guarantee equal opportunities to all the Bhutanese people.
CHAPTER-1
PRELIMINARY
1. (a) Name and Office :
The name of the organization shall be BHUTAN GARMENT WORKERS UNION. In short it is written as BGWU.
(b)The head office shall be in Thimphu (Bhutan). The exile office shall be in
Kathmandu (Nepal) and in Jhapa (Nepal). All changes in the location of
the head office shall lie with the decision of the Central Executive Committee and shall be duly notified to all concern.
2. Definations
In these rules unless there is anything repugnant in the subject of context.
a) 'Organization' means Bhutan Garment Workers' Union (BGWU).
b) 'Constitution' means the constitution of Bhutan Garment Workers' Union.
c) 'Trade Union' means the Bhutan Garment Workers Union.
d) 'Member' means a person who for the time being is a member of the union.
e) 'Central Member' means the person who for the time being is the Central Executive member of the BGWU.
f) 'Financial Year' means the year beginning with January and ending in December for which accounts of the union are audited.
g) 'Worker' means any Bhutanese worker within or outside Bhutan performing either mental or physical work in government, semi-government, private organization, NGOs or any business and in return get some wages or salary in lieu of selling his labor.
h) ‘Central Executive Committee' means all the executive members of the BGWU as determined by this Constitution.
i) 'Office bearers' means President, Vice-President, General Secretary and Treasurer of the BGWU.
j) 'Departmental head' means person who for the time being is a department head of any trade under the BGWU.
k) 'Age of majority' means 18 years of age.
l) 'Convention' means all the office bearers and departmental head of the BGWU which meets once a year.
m) 'General convention' means all the office bearers, departmental head and general members of the BGWU which meets once in four years.
CHAPTER – II
Aims and objectives
1. To organize all the Bhutanese workers engaged in both organized and un-organized sectors and work for their rights.
2. Trade Union education and training.
3. To advocate for decent working conditions.
4. To work for gender equality.
5. To generate a productive labor force.
6. To discourage child labor and work for their rights.
7. To unite workers for the establishment of democratic society in Bhutan.
8. To establish and maintain a free democratic trade union.
9. To establish solidarity network with rest of the democratic trade union.
CHAPTER– III
Rule – 01 MEMBERSHIP
There are two categories of membership Ordinary member and Active member.
Ordinary member is the one who pays only the membership entrance fee and Active member is the one who also pays monthly contribution as prescribed by the C.E.C from time to time. Any person engaged in garment sectors are eligible for membership upon fulfillment of the following guide lines.
1. He must be a Bhutanese citizen.
2. He must have attained the age of majority.
3. He should not be invalid under the law.
4. He is eligible to membership upon his signing a pledge to the effect that he will abide by the rules and by-laws of the BGWU and on payment of minimum subscription of Rs. 25/- (Rupees Twenty Five only) as entrance fee and monthly subscription of Rs.5/- ( Rupees Five only) payable in advance for the financial year.
5. Any candidate may apply in writing for being adopted as a member to the President (through the General Secretary) or any other person specified by him and the BGWU may refuse admission as a member to any candidate without assigning any reason, but such candidate may appeal to the CEC within a period of one month from the date on which he was advised of this refusal. All person admitted as a member shall be given intimation about their being enrolled as member.
6. The register of members shall be open for inspection during the office hours of the BGWU not less then seven days notice being given in writing to the General Secretary by any member.
7. Membership subscription shall be payable to the financial year (1st January to 31st
December). Any member shall cease to have voting right and any other privileges if his subscription to the BGWU is in arrears for more than three months from the end of the period to which such subscription relates but this shall not apply to the victimized workers on account of trade union activities.
8. Any member found to be working against the interest of the BGWU or acting in contravention of the spirit of any of the Rules in force shall be expelled by an order of the CEC and shall forfeit claims to the privileges and benefits assured by these Rules.
Note:
The CEC is the final authority to determine if the member’s action is against the interest of the union or in contravention of the sprit of any of the rules, as the CEC alone has the authority in absence of the Convention / General Convention to formulate and guide the policy of the union. Such member shall, however, retain his right of appeal to the convention within six month of the action being taken.
9. Subject to the decision of the CEC, the member of the union may be called upon by
the CEC to contribute towards any special fund which when raised will be utilized exclusively for the purpose it was raised unless otherwise decided by the CEC at a later stage. Accounts of all such funds will be maintained separately and shall be open for inspection for all members on proper notice. Contribution to such funds shall, however, be voluntary and shall not be a condition for admission as members.
10. No member shall be allowed to take membership of more than one union at a time.
However, he shall be permitted to shift from one union to other upon fulfillment of pre-
conditions prescribed there to.
11. A member failing to pay his yearly subscription during the year shall cease to be an active member of the union on the beginning day of the next financial year. He shall, however, retain his ordinary membership. He can regain status on payment of yearly subscription. No fine will be imposed.
12. No member of the union shall be entitled to any benefit that the union may decide to give its member unless he has been an active member and has paid all the contributions.
CHAPTER-4
RULE-2 ORGANS
The organs of the BGWU shall be:
1. The General Convention.
2. The Convention.
3. The Central Executive Committee.
4. The Secretariat.
4-2-1(A) THE GENERAL CONVENTION
1. The supreme authority of the BGWU shall be vested in the General Convention.
2. The General Convention shall be composed of:
a) Active members of the union.
b) BGWU President and General Secretary, with the right to speak but not to vote.
c) Member of the Central Executive Committee of BGWU.
d) Observers from affiliated organization of FOBTU, and from non affiliated organization which have been invited to attend with the right to address the General Convention at the invitation of the President, but without the right to vote.
e) Invited guests, who may address General convention at the President's invitation.
3. The General convention shall be convened by the Central Executive Committee and shall meet once every four years.
4. Notice of General Convention must be given at- least two month before the meeting of the General Convention.
5. The members and the guests will be allowed to speak in English, Nepali and Dzongkha and the Secretariat will engage interpreter (if required )for this purpose.
6. The following matter shall come under the jurisdiction of the General Convention:
(a) election of the President, Vice- President, CEC and auditors,
(b) the work and financial report of the General Secretary, the work of the CEC, and report on the activities of the BGWU,
(c) the report of the auditors,
(d) decisions on the policy to be followed to accomplish the object of the BGWU,
(e) selection of the head quarters of the BGWU,
(f) fixing the rate of contributions payable to the BGWU,
(g) revision of the rules of the BGWU must be submitted to the secretariat atleast two months before the Convention. These proposed amendments shall be distributed to all CEC member atleast six weeks before Convention. An amendment will be considered adopted when more then three fourth of the representatives vote in favour of it,
(h) decisions on appeal against non-admission or expulsion of the member,
(i) decisions on resolution for the dissolution of the BGWU,
(j) The member of the General Convention shall have single non-transferable vote.
2 (1) B PROCEDURES FOR ELECTION AT THE GENERAL CENVENTION
1. The General Convention shall be composed of all the CEC members of the BGWU.
2. Only member who have paid contributions for the last three preceding years will be entitled to vote.
3. Only member who have paid contributions for the last three preceding years will be entitled to be elected to the CEC.
4. On the day of the Convention or as soon as the business of the Convention will permit, the President will ask the Convention to elect.
a) The President
b) The Vice- President
c) The Executive Committee.
Rule -2 (2) THE CONVENTION
1. (a) The Convention shall be composed of all the office bearers and the departmental heads
of various trades who have cleared their dues,
(b) The members of the Central Executive Committee of the BGWU,
(c) Observers from affiliated Organization of FOBTU, and from non-affiliated
organization which have been invited to attend with the right to address the
Convention of the invitation of the President, but without the right to vote,
(d) Invited guests, who may address the convention at the President’s invitation.
2. It shall meet once a year at the place determined in advance by the CEC.
3. Notice of the Congress must be given atleast fifteen days before the actual day.
4. The delegates will be allowed to speaks in English, Nepali, and Dzonkha and the
Secretariat will engage interpreter (if required) for this purpose.
5. The following matters shall come under the jurisdiction of the Convention:
a) to review the activities of the BGWU,
b) to plan the future activities of the BGWU,
c) to finalize and approve the annual expenditure incurred during the previous year and prepare the expected budget for the future activities of the BGWU,
d) decisions on the policy to be followed to accomplish the objects of the BGWU,
e) Selection of HQ of the BGWU,
f) fixing the rate of the contribution payable to the BGWU.
Rule-2-(3) THE CENTRAL EXECUTIVE COMMITTEE.
1) The CEC shall be composed of the Secretariat, the departmental heads and person elected from each camp (District) whose levies are up to date.
2) When, between Convention, alterations to the membership of the CEC becomes necessary, these will be subject to the approval of the Secretariat and ratification by the CEC.
3) The meetings of the CEC shall be convened by the General Secretary with prior consultation with the President and the Secretariat. The CEC shall meet thrice annually.
4) Special meetings of the CEC maybe convened to deal with urgent matters if any and when the secretariat deems such meetings to be essential.
5) The venue and date of the CEC shall be decided by the Secretariat.
6) The CEC shall have the power to take decisions only when more than one- half of its members are present.
7) Each member of the CEC will be allowed one vote with the exception of the President who shall not vote, and a motion shall be considered adopted when more than one half of the members represented vote in favour of it.
8) THE CEC shall:
a) have the authority to act on behalf of the BGWU being responsible for directing the activities of the BGWU and giving effect to the decisions and recommendations of the Convention/ General Convention,
b) receive the General Secretary’s activity report and trade unions activities,
c) discuss the report of the member of the CEC about important events and developments,
d) establish the annual budget and adopt the annual financial report of the BGWU,
e) suspend or expel members when necessary,
f) take any other decisions for the furtherance of the objects and aims of the BGWU,
g) constitute the Secretariat,
h) decide upon the supervision or dismissal of the Secretariat or part thereof incase of gross neglect of duty,
i) supervise the regular payment of levies by the members,
j) prepare for and convene the Convention / General Convention,
k) collect all the information about the labor conditions and activities inside Bhutan,
l) The President of the BGWU shall preside at all meetings of the CEC. Should the President unable to do so, the Vice- President shall take his place.
9.The power of the CEC with regard to the general management of the affairs of the union
shall include the right of suspending or removing from the union any office - bearers or
members thereof provided that:-
a) the matter has been specially included in the agenda for the meeting, and,
b) the decision for suspension or removal is arrived at by a 3/4th majority of those present at the meeting.
At present so suspended or removed shall have the right of appeal to a convention whose decision shall be final.
10. It will have the power to nominate any person in keeping with the provision of the rules and to carry on the work of any office bearers suspended under the rules until a fresh elections is made .By a similar action, it will fill up other vacancies.
11. The CEC shall in addition to the power conferred on it under these rules also exercise such lawful powers, do all such lawful things as it may be called upon to do in cases of emergency.
12. Without prejudice to the general powers conferred on it the CEC shall have powers:-
a) to make, alter and amend rules consistent with the constitution from time to time as occasion may arise for such purpose subject to the approval of and confirmation at the next annual convention.
Note:- No new rules shall be made, nor shall any of the rules herein contained or hereafter to be made be amended, varied or rescinded except on the votes of the majority of the members present at a meeting of the CEC specially called for the purpose to the extent of three- fourth of the members present at such meetings.
b) To fill of any vacancy in the CEC during the year.
c) To make, amend, supersede or suspended standing orders for conducting the meeting and their business.
13. The CEC shall be empowered to take decisions concerning expenses for meetings and sessions of the BGWU.
14. The CEC may, in exceptional circumstances, authorize the payment of expenses, in part or in full, to any of its members.
15. Financial assistance may be granted by CEC to any of its members incase of acute need depending upon the availability resources.
RULE-2(4) THE SECRETARIAT
I. The Secretariat of the BGWU shall be composed of the President, Vice -President,
General Secretary and the Treasurer of the BGWU.
2. As far as possible the gender representation shall be maintained in the secretariat.
3. The new officers shall take office immediately after conclusion of the next convention.
4. They shall be eligible for re-election.
5. The President shall preside at all meetings of the BGWU and, should he be unable to do so, the Vice- President will take his place.
6. The committee formed by the president, Vice - President, General Secretary and Treasurer shall be called the Secretariat and each member shall have one vote with the exception of the President who shall not vote.
7. The Secretariat shall have the authority to take decision concerning the administration of the affairs of the BGWU.
8. The vacancies in the Secretariat shall be filled by the CEC at its next meeting.
RULE-3 AUDIT & INSPECTION OF ACCOUNTS
A. The accounts of the union shall be maintained and audited by a qualified person in the manner prescribed by the rules.
The accounts of the union shall be open for inspection during the office hours of the union by any member or officer of the union or CEC members. The copies of the Annual Accounts and / or the Annual report of the union will be submitted to the secretariat and CEC.
The auditors shall hold an audit of the financial administration and management of the Secretariat atleast once a year and must be satisfied that:
a) expenditure is effected in keeping with the rules of the BGWU and the decisions of the CEC and Secretariat and that proper vouchers are available for all expenses, and
b) that management is carried out in accordance with the rules and decisions of the CEC of the BGWU.
The auditors shall submit a written report of the Secretariat and CEC.
CHAPTER 5
RULE-4 POWERS AND DUTIES OF OFFICE BEARERS
(A) PRESIDENT
1. President shall function as the chief executive of the Organization.
2. He shall devote full time to the activities of the BGWU.
3. The work of the President will be performed in accordance with the instructions of the Convention, CEC and the secretariat to whom he shall be responsible.
4. He shall operate jointly with Treasurer, the Bank accounts and other financial matters with respect to the BGWU.
5. He shall apply his discretionary power in certain cases for the furtherance of the interests of BGWU.
6. He shall represent the BGWU with outside institutions and shall maintain contact with all the free and Democratic trade unions of akin nature.
7. He shall caste a deciding vote in case of tie.
8. He shall accept the resignation of the CEC members.
9. He shall have the power to make expenses of maximum Rs. 10,000/- (Rupees Ten Thousand only ) incase of emergencies and later submit it to the Secretariat and CEC for approval.
(B) VICE-PRESIDENT
1. He shall perform all the duties of the President in his (President) absence.
2. He shall perform all other functions as authorized by CEC and Secretariat.
3. He shall carryout any other work for the furtherance of the interests of the BGWU.
(C) GENERAL SECRETARY
1. He shall act as the administrative officer of the Organization.
2. He shall be responsible for the preparation of all Convention and other committee documentation. He shall report on the activities of the BGWU at each Convention.
3. He shall inform all the members of decisions taken by the Convention, CEC and Secretariat.
4. He shall maintain up to date record of the membership of the BGWU.
5. He shall edit and publish all BGWU publications.
6. He shall perform other functions with the prior consent of the President.
7. He shall perform other function for the furtherance of the interest of the BGWU.
8. He shall have the power to inspect the accounts and all other records of the BGWU without notice.
9. The General Secretary will prepare the Annual report and will be responsible for putting it before the Convention.
10. He will be responsible for the proper accountal of the funds of the union jointly with Treasurer.
(D) TREASURER
1. He shall act as the chief accounts officer of the Organization.
2. He shall maintain the financial records of the Organization which should be submitted for the inspection of the auditors as soon as possible after the end of the financial year.
3. The Bank accounts and other financial transaction shall be carried out jointly with the President.
4. All collection receipt books, including the membership subscription books, shall be stored, disbursed, collected and accounted for by the Treasurer who shall maintain appropriate books and registers for this purpose.
5. The Treasure shall receive all money paid into the BGWU from whatever sources and maintain accounts and control the activities of the union. He will see that all the collected amount is remitted to the union, and present them before the President for his approval.
CHAPTER-6
RULE- 5 DEPOSIT OF FUNDS
a) All the money should be deposited with the Bank in the name of the BGWU and all withdrawals by cheque or cash will be made under the joint signatures of the President and the Treasurer.
RULE-6 RESIGNATIONS
a) All resignations of CEC member and Secretariat should be addressed to the President.
b) It shall be effected only when it is approved by the CEC upon the recommendation of the President.
RULE-7 QUORUM FOR MEETINGS
a) The quorum for the CEC meetings shall be one- half of the total strength.
RULE-8 SUBSTITUTE
a) No substitute delegate will be allowed to attend the CEC meeting on behalf of the original delegate in his absence.
RULE-9 COMPLAINTS AND SUGGESTIONS
a) Any complaint and /or suggestions regarding the activities of the BGWU will be received by the CEC through the General Secretary within one month from the date on which the Convention was held. Complaints received after this period will not be treated as valid.
RULE-10 BENIFITS
a) No member of the BGWU shall be entitled to any benefits that the BGWU may decide
to give its members unless he has been a member for at least six months and has paid all the contributions for the financial year.
RULE-11 EXPULSION OF CEC MEMBERS
a) Any member found to be working against the interest of the union or acting in contravention of the spirit of any of the rules in force shall be expelled by an order of the CEC by a three /fourth majority and shall forfeit all claims to the privileges and benefits assured by these rules.
Such member shall, however, retain his right of appeal to the convention within six month of the action being taken through the General secretary.
b) If he has become invalid under the Law in force for the time being.
RULE-12 INTERPRETATION OF THE CONSTITUTION, RULES &
BYE- LAWS
a) The CEC member or Secretariat shall give interpretation where any of the rules and bye Laws are / or seems to be silent or liable to be misinterpreted. In their absence the interpretation shall be made by the President in keeping with the spirit of the constitution.
RULE-13 CONSTITUTION AMENDMENTS
a) Amendments to the constitution can be made only by the Convention by a three/fourth majority. Any proposed amendment must be circulated by the General Secretary to the Secretariat and CEC one month before such Convention.
RULE-14 DISSOLUTION
a) The BGWU may be dissolved on a decision taken by a three/fourth majority at a General Convention called for the purpose.
In such a case, the funds in hand would be handed over to the safe keeping of the FOBTU. Should the BGWU be re-established, the funds would again be put at the disposal of the BGWU.
RULE- 15 TEXT
a) In the case of a conflict in meaning between different language versions of the text of the rules of the BGWU, the English text shall prevail.
Where the text in these rules refers to “he” it shall be deemed to mean “he or she” and where it refers to “his” t shall be deemed to mean “his or her”
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