| CONSTITUTION
OF
THE FEDERATION OF BHUTANESE TRADE UNIONS.
Established: 1st MAY-2000
=====================================================
PREAMBLE
WHEREAS it is expedient to make timely attempt to organise the Bhutanese workers and aware of them of the basic workers’ rights, the General Congress of the Federation of the Bhutanese Trade Unions meeting in Kathmandu, (Nepal) on 1st of May, 2000 resolves
CONCERNED
at the lack of democracy in Bhutan and the growing abuse of Human and Trade Union Rights by the Bhutanese regime;
NOTING
The rising discrepancy in the labour market with regard to race, sex, colour, creed and faith;
STRESSING
That the Bhutanese women make up above 49% of the total population and are marginalised;
CONSIDERING
That development and social justice are necessary conditions for achieving peace and security in any society;
BELIEVING
That the overall development of a country is possible only when the working class is given due recognition;
AWARE
Of the ILO core labour standards and trample of these rights by the Bhutanese regime to the detriment of the social conditions of the Bhutanese workers;
CONSCIOUS
Of the fundamental rights of the workers to organise and enhance their objectives;
FEDERATION OF BHUTANESE TRADE UNIONS resolves to call on all the Bhutanese workers committed to peace and progress to unite to work for the attainment of basic fundamental workers rights and help establish a democratic society which can guarantee them social justice.
CHAPTER-1
PRELIMINARY
1.(a) Name and Office:
The name of the organisation shall be FEDERATION OF BHUTANESE TRADE UNIONS. In short it is written as FOBTU.
(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 concerned.
2. Definitions:
(a) In these Rules unless there is any thing repugnant in the subject of context.
(b) “Organisation” means the Federation of Bhutanese Trade Unions (FOBTU).
(c) “Constitution” means the constitution of the Federation of Bhutanese Trade Unions.
(d) “Trade Unions” means the Federation of Bhutanese Trade Unions.
(e) “Member” means a person who for the time being is a member of the Union.
(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 organisations, NGOs or any business and in return gets some wages or salary in lieu of selling his labour.
(h) “Congress” means all the office bearers and departmental head of all the affiliated trade unions which meet once a year.
(i) “General Congress” means all executive members of all the affiliated trade unions (including the departmental head) which meet once in four years.
(j) “Central Executive Committee (CEC)” means all the executive members of the FOBTU as determined by this constitution.
(k) “Central member” means the person who for the time being is a Central Executive member of the FOBTU.
(l) “Office bearers” means President, Vice-President, General Secretary and Treasurer of the FOBTU / each affiliated trade union.
(m) “Departmental Head” means persons who for the time being is a department head of any trade under the particular trade union.
(n) “Delegates” means Executive Members and Departmental Head of all the affiliated Trade Unions.
(o) “Affiliated Organisation” means the Trade Union which is affiliated to the FOBTU and has cleared its dues.
(p) “Age of majority” means eighteen years of age.
CHAPTER - 2
AIMS AND OBJECTIVES
(1) To organise all the Bhutanese workers engaged in both formal and informal sectors and work for the protection of their rights.
(2) To make the workers conscious of their rights and duties through trade union education and trainings.
(3) To liberate workers from suppressed, exploited and unhealthy working environment.
(4) To unite workers for the establishment of multi-party democracy in Bhutan and
Work for its consolidation.
(5) To protect and promote the economic, cultural, social and civic interests of the workers.
(6) It stands for Freedom, Equality, Social Justice and Solidarity.
(7) To work for the rights of the vulnerable groups like women, children and disabled.
(8) To discourage child labour and work for its rehabilitation.
(9) To work for the protection and preservation of environment.
(10) To promote and protect the rights, interests and privileges of the workers by
legitimate and constitutional means in matters relating to their employment.
(11) To regulate relations and to establish mutual understanding between members and their employers and to settle issues through conciliation, arbitration, collective bargaining and negotiations.
(12) To secure genuine equality for women and promote their participation in activities and decision-making at all levels as there can be no real trade union democracy without full and equal participation of women at all levels of the trade union movement.
(13) To educate and train workers to take up leadership responsibility in a democratic spirit of trade unionism.
(14) To secure equality of treatment, opportunity and remuneration for all workers
(15) To initiate community outreach programme like leadership training programme, adult education programme, creating awareness on environmental problem and other burning issues like AIDS and drugs.
(16) To initiate any other programme which will benefit the Bhutanese community.
(17) To establish, promote and maintain free democratic trade union.
(18) To build solidarity with the International trade unions and social organisations to achieve the universal respect for Human and Trade Union Rights in Bhutan.
CHAPTER-3
(A) MEMBERSHIP
Rule 1 Federation of Bhutanese Trade Unions grants two types of membership
Viz (a) Individual membership and (b) organisational membership.
(a) Individual membership is granted to an individual in the spirit of organising scattered workers from different sectors upon fulfillment of the following guidelines.
(i) He must be a Bhutanese citizen;
(ii) He must have attained the age of majority;
(iii) He should not be invalid under the law;
(iv) He is entitled to become ordinary membership on his signing a pledge to the effect that he will abide by the Rules and Bylaws of the FOBTU and on payment of minimum subscription of Rs.25.00 as entrance fee and monthly contribution of Rs.1.00 payable in advance for the financial year.
(v) Any candidate may apply in writing for being admitted as member to the President through the General Secretary or any other person specified by him and the FOBTU 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 persons admitted as members shall be given intimation about their being enrolled as members.
(vi) The register of members shall be open for inspection during the office hours of the FOBTU not less than seven days notice being given in writing to the General Secretary by any member.
(vii) The representative of the individual members shall be entitled to the privileges and benefits assured by these Rules.
(viii) Membership subscription shall be payable to the financial year. The representative of individual member shall cease to have voting right and any other privileges if his subscription to the FOBTU 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 victimised workers on account of Trade Union activities.
(ix) Any member found to be working against the interests of the FOBTU 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 all claims to the privileges and benefits assured by these Rules.
Note:-
The CEC shall be the final authority to determine if the member’s action is against the interest of the Union or in contravention of the spirit of any of the Rules, as the CEC alone has the authority in absence of the Congress/ General Congress to formulate and guide the policy of the Union. Such member shall, however, retain his right of appeal to the Congress within 6 months of the action being taken.
(x) Subject to the decisions of the CEC, the members of the Union may be called upon by the CEC to contribute towards any special fund which when raised will be utilised exclusively for the purpose it was raised unless other wise 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.
(xi) 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 thereto.
(xii) 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 shall, however, be entitled to regain his status on payment of yearly subscription . No fine will be imposed.
(xiii) No member of the Union shall be entitled to any benefits that the Union may decide to give its member unless he has been an Active member and has paid all the contributions.
(b) Organisational membership is granted to an organisation upon fulfillment of pre-requisites mentioned hereunder:
(3) All free and democratic Trade Unions of different professions and trades shall be eligible for membership of FOBTU provided that :
(a) an application for membership is submitted to the secretariat in writing;
(b) the Union concerned subscribes to, and observes, the objects and policy of the FOBTU as defined in the Rules;
(c) the Union’s constitution and practice assures the democratic administration and conduct of the affairs of the Union.
(3) It shall be obligatory on the part of all Unions to:
(a) pay affiliation fees for all members as determined by FOBTU’s CEC from time to time;
(b) propagate and carry out the decisions of the FOBTU in their own organisation, and keep its executive bodies fully informed of the activities and progress of the FOBTU;
(c) supply the secretariat, on request, with all available information as may be decided upon by the FOBTU;
(d) forward regularly to the secretariat copies of their journal, Annual Report and exact details of their numerical strength;
(e) report regularly to the secretariat the date of the conventions/congress and major decisions taken at such conventions/congresses.
(5) Continued membership of the FOBTU shall be conditional upon fulfillment of the obligations laid down in these Rules.
RULE –2 AFFILIATION FEES
(a) All affiliated organisations shall pay a levy to the FOBTU based on the total membership on 31st December of the preceding year. All affiliates which, despite reminders, have not met their affiliation responsibilities by 30th June shall lose their right to participate in congresses, conferences, meetings and trainings organised by FOBTU and/or nor may anyone represent it in any way whatsoever, if his/her organisation is in arrears with affiliation fees.
RULE - 3 RATE OF AFFILIATION FEES
(a) (i) The rate of levies shall be determined by congress / CEC.
(ii) The Central Executive Committee is authorised to fix another rate of levies for such organisation that, due to special circumstances, cannot contribute their levies in full.
(iii) The Central Executive Committee shall be authorised to call for voluntary contributions for solidarity action.
CHAPTER –4
ORGANS
The organs of the FOBTU shall be:
(1) The General Congress
(2) The Congress
(3) The Central Executive Committee
(4) The Secretariat
RULE-4 THE GENERAL CONGRESS
1) The supreme authority of the FOBTU shall be vested in the General Congress.
2) The General Congress shall be composed of :
(a) delegates from paid-up affiliated organisations;
(b) FOBTU President and General Secretary, with the right to speak but not to vote;
(c) Members of the Central Executive Committee of FOBTU;
(d) Observers from affiliated organisations, and from non- affiliated organisations which have been invited to attend with the right to address the General Congress at the invitation of the President, but without the right to vote;
(e) Invited guests, who may address the General Congress at the President’s invitation.
3) The General Congress shall be Convened by the Central Executive Committee and shall meet once every four years.
4) A special General Congress shall be convened by the Central Executive Committee or when two-thirds of the affiliated organisations demand it. In such a case the Central Executive Committee shall decide the procedure for establishing the agenda and for the consideration of proposals from affiliated organisations, whenever it is not practical to apply the normal procedure as laid down in these Rules.
5) Notice of an ordinary General Congress must be given at-least two months before, and notice of a Special General Congress at-least one month before the meeting of the General Congress.
6) The names and addresses of all the individual delegates must be sent to the secretariat at-least fifteen days before the meeting of the congress. The expenses of each delegate shall be borne by the organisation concerned.
7) The delegates will be allowed to speak in English, Nepali and Dzongkha and the secretariat will engage interpreters (if required) for this purpose.
8) The following matters shall come under the jurisdiction of the General Congress:
(a) Election of the President, vice-president/s, Central Executive Committee and auditors;
(b) The work and financial report of the General Secretary; the work of the CEC; and reports on the activities of the FOBTU;
(c) The report of the Auditors;
(d) Decision on the policy to be followed to accomplish the objects of the FOBTU;
(e) Selection of the headquarters of the FOBTU;
(f) Fixing the rate of contributions payable to the FOBTU;
(g) Revision of the Rules. Proposed amendments to the rules of the FOBTU must be submitted to the secretariat at-least three month before congress. These proposed amendments shall be distributed to all affiliates at-least eight weeks before congress. An amendment will be considered adopted when more than three-fourth of the affiliated organisations represented vote in favour of it;
(h) Decisions on appeals against non-admission or expulsion of organisations;
(I) decisions on resolutions for the dissolution of the FOBTU.
9) The members of the General Congress shall have single non-transferable vote.
(A) PROCEDURES FOR ELECTIONS AT THE GENERAL CONGRESS.
(1) Only affiliated trade Unions having paid their levies for the last three preceding years will be entitled to vote. Only affiliated trade Unions of at-least one year’s standing and being upto-date with their levy payments will be entitled for election to the CEC. Therefore only the members of affiliates who have paid contributions may be elected to the CEC. The mandate of elected representatives in these organs will be suspended for the period for which the member organisation has not paid its dues, unless they are able to justify this non-payment to the Secretariat.
(2) The General Congress shall composed of all the executive members of the affiliated Trade Union.
3) On the first day of Congress or as soon as the business of the congress will permit, the president will ask congress to elect:
(a) The President
(b) The Vice-President/s
(c) The Executive Committee.
RULE – 5 THE CONGRESS
(1) (a) The Congress shall be composed of all the office bearers and the departmental heads of the affiliated Trade Unions who have cleared their dues;
(b)Members of the CEC of the FOBTU;
(c)Observers from the affiliated organisations, and from non-affiliated organisations which have been invited to attend with the right to address the congress at the invitation of the President but without the right to comment on any decisions taken or to be taken by the congress;
(d)Invited guests, who may address the congress at the President’s invitation.
(2) It shall meet once a year at a place determined in advance by the CEC.
(3) Notice of the congress must be given at-least fifteen days before the actual day.
(4) The expenses of each delegate shall be borne by the organisation concerned.
(5) The delegates will be allowed to speak in English, Nepali and Dzongkha and the Secretariat will engage interpreters (if required) for this purpose.
(6) The following matters shall come under the jurisdiction of the Congress:
(a) to review the activities of the FOBTU;
(b) to plan the future activities of FOBTU;
(c) to finalise and approve annual expenditure incurred during the previous year and prepare the expected budget for the future activities of FOBTU;
(d) decisions on the policy to be followed to accomplish the objects of the FOBTU;
(e) fixing the rate of contributions payable to the FOBTU.
RULE – 6 CENTRAL EXECUTIVE COMMITTEE
1. The Central Executive Committee shall be composed of the secretariat, representatives (President & Vice-President) from all affiliated organisations (whose levies are up-to date), district representatives and the nominees (maximum of 5 persons based on gender equality) of the President.
2. When, between Congresses, alterations to the membership of the Central Executive Committee become necessary, these will be subject to the approval of the Secretariat and ratification by the CEC.
3. No person shall be entitled to serve on the CEC whose organisation has ceased affiliation with the FOBTU or which without valid reason approved by the CEC, is in arrears with payment of affiliation fees, or who has ceased to be an accredited representation of the affiliated organisation to which he or she belonged at the time of election.
4. The meetings of the CEC shall be convened by the General Secretary with prior consultation with the President and secretariat. The CEC shall meet twice annually.
5. Special meetings of the CEC may be convened to deal with urgent matters if any and when the secretariat deems such meetings to be essential.
6. The venue and date of the CEC shall be decided by the secretariat.
7. The CEC shall have the power to take decisions only when more than one-half of its members are present.
8. 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.
9. The CEC shall:
(a) have the authority to act on behalf of the FOBTU being responsible for directing the activities of the FOBTU and giving effect to the decisions and recommendations of the congress/General Congress.
(b) Receive the General Secretary’s activity report, reviews of the important events in world economy and politics and trade union activities ;
(c) Discuss the reports of members of the CEC about important events and development;
(d) Receive reports of the development of the FOBTU;
(e) Establish the annual budget and adopt the annual financial report of the FOBTU;
(f) Admit organisations into affiliation with the FOBTU;
(g) Suspend or expel affiliated organisations when necessary;
(h) Take any other decisions for the furtherance of the objects and aims of the FOBTU;
(i) Constitute the secretariat;
(j) Decide upon the suspension or dismissal of the secretariat or part thereof incase of gross neglect of duty;
(k) Supervise the regular payment of levies by affiliated organisation;
(l) Select the dates and venue of General Congress, Congress and CEC meetings;
(m) Collect all information about the labour conditions and activities inside Bhutan.
(n) Prepare for and convene the congress;
(o) Make arrangements for extending recognition of the full membership rights of trade unionists in affiliated organisations.
10) The president of the FOBTU shall preside at all meetings of the CEC. Should the president be unable to do so, the Vice-President shall take his place.
11) In addition to CEC members, other representatives of affiliated organisations or any other observer may, following a prior decision of the secretariat, attend the meeting of the CEC. Such a representative will be allowed to speak on any subject being debated, but will not be allowed to vote.
12) The CEC shall be empowered to take decisions concerning expenses for meetings and sessions of the FOBTU.
13) The CEC may, in exceptional circumstances, authorise the payment of expenses, in part or in full, to any of its members.
14) The FOBTU and its affiliates shall maintain a relationship of collaboration and consultation.
15) Financial assistance may be granted by CEC to any of its affiliates incase of acute need depending upon the availability of resources.
16) The powers 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 three-fourth majority of those present at the meeting.
At present so suspended or removed shall have the right of appeal to a congress whose decision shall be final.
17) 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 Rule until a fresh election is made. By a similar action, it will fill up other vacancies.
18) The CEC shall in addition to the powers 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.
19) 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 approval of and confirmation at the next annual congress.
Note:- No new rule 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.
(a) to fill up any vacancy in the CEC during the year.
(b) to make, amend, supersede or suspend standing orders for conducting the meetings and their business.
20) The CEC shall be empowered to take decisions concurring expenses for meeting and sessions of the FOBTU.
21) The CEC way, in exceptional circumstances, authorize the payment of expenses, in part or is any of its members.
22) The FOBTU and its affiliate shall maintain a relationship of collaboration constitution.
23) Financial assistance may be granted by CEC to any of its affiliates incase of a cure need depending upon the availability of resources.
Rule-7 THE SECRETARIAT
(1) The Secretariat of FOBTU shall be composed of the President, Vice-President, General Secretary and the Treasurer of the FOBTU.
(2) As far as possible the gender representation shall be maintained in the Secretariat.
(3) The new officers shall take office immediately after convention/congress and shall hold office until the conclusion of the next General Congress.
(4) They shall be eligible for re-election.
(5) The president shall preside at all meetings of the FOBTU 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 decisions concerning the administration of the affairs of the FOBTU.
(8) The Secretariat shall determine the duties of the General Secretary and receive reports at regular intervals on the activities of the FOBTU.
(9) Vacancies in the Secretariat shall be filled by the CEC at its next meeting.
(10) The Secretariat shall fix the salary and conditions of employment of the office bearers ( full time workers ) and it shall also establish general guidelines and procedures for the terms and conditions of service of staff members.
CHAPTER - 5
RULE – 8 POWERS AND DUTIES OF OFFICE BEARERS
(a) PRESIDENT:
(i) President shall function as the chief executive of the organisation;
(ii) He shall preside over all the meetings of the organisation;
(iii) He shall operate jointly with the Treasurer the Bank Accounts and other financial matters with respect to the FOBTU;
(iv) He shall apply his discretionary powers in certain cases for the furtherance of the interests of FOBTU;
(v) He shall devote full time to the activities of the FOBTU;
(vi) The work of the president will be performed in accordance with the instructions of the General Congress, Congress, CEC and the Secretariat to whom he shall be responsible;
(vii) He shall ensure that the secretariat has a well trained and adequate staff to deal with all contingencies and he shall be responsible for their contract and management;
(viii) He shall represent the FOBTU with outside institutions and shall maintain contact with all the free and democratic trade unions;
(ix) He shall caste a deciding vote incase of tie;
(x) He shall accept the resignation of the CEC members;
(xi) He shall have the power to make expenses of maximum Rs. 25,000.00 incase of emergencies and later submit it to the secretariat and CEC for approval;
(xii) The president shall generally direct the policy and activities of the FOBTU, shall exercise general control and supervision over the organisation and shall ordinarily preside over all meetings;
(b) VICE – PRESIDENT:
(i) He shall perform all the duties of the president in his (president) absence;
(ii) He shall perform all other functions as authorised by CEC and secretariat;
(iii) He shall help president in carrying out the work of FOBTU;
(iv) Woman V.P. shall lead women workers and advocate for their cause in addition to her usual responsibilities;
(v) He shall carry out any other work for the furtherance of the interests of the FOBTU;
(c) GENERAL SECRETARY:
(i) He shall act as the administrative officer of the organisation;
(ii) He shall maintain constant contact with affiliates and shall be responsible for the preparation of all congress and other committee documentation. He shall report on the activities of the FOBTU at each congress;
(iii) He shall inform affiliates of decisions taken by the congress, CEC and secretariat;
(iv) He shall prepare the minutes and circulate with all the affiliates;
(v) He shall maintain up-to-date record of the membership of individual trade union and FOBTU;
(vi) He shall edit and publish all FOBTU publications and ensure that affiliates are informed as soon as possible about major issues related to labour and political development elsewhere;
(vii) He shall perform other functions with the prior consent of the president;
(viii) He shall perform other functions for the furtherance of the interest of the FOBTU;
(ix) The General Secretary shall have all residual powers and shall act generally according to the direction of the CEC and will be responsible for the fulfillment of all obligations that vest in him as such under the Act and under these rules;
(x) The General Secretary will ordinarily represent the union at all meetings and occasions with the Administration and all other functions;
(xi) He shall have the power to inspect the accounts and all other records of the FOBTU without notice;
(xii) The General Secretary will prepare the Annual Report and will be responsible for putting it before the congress;
(xiii) He will be responsible for the proper accounting of the funds of the union jointly with treasurer;
(d) TREASURER:
(i) He shall act as the Chief Accounts Officer of the organisation;
(ii) He shall maintain the financial records of the organisation which should be submitted for the inspection of the auditors as soon as possible after the end of the financial year;
(iii) The Bank Accounts and other financial transaction shall be carried out jointly with the President;
(iv) 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;
(v) The Treasurer shall receive all money paid into the FOBTU from whatever sources and maintain accounts and control the activities of all the unions that collect subscription. 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 – 9 DEPOSIT OF FUNDS
(a) All the money should be deposited with the Bank in the name of the FOBTU and all withdrawals by cheque or cash will be made undue the joint signatures of the President and the Treasurer.
RULE – 10 AUDIT & INSPECTION OF ACCOUNTS:
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 or not less than seven days notice given in writing by any member or officer of the union or by any person deputed for this purpose by the FOBTU CEC. The copies of the Annual Accounts and of 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 at-least once a year and must be satisfied that:
(a) expenditure is effected in keeping with the rules of the FOBTU 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 FOBTU.
The auditors shall submit a written report to the Secretariat and CEC.
RULE – 11 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 – 12 QUORUM FOR MEETINGS
(a) The quorum for CEC meetings shall be one-half of the total strength.
RULE – 13 INTERPRETATION OF THE CONSTITUTION,
RULES & BYE – LAWS:-
(a) The CEC members or secretariat shall give interpretation where any of the Rule & Bye – Laws are or seem 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 – 14 CONSTITUTION AMENDMENTS
(a) Amendments to the constitution can be made only by the congress by a three-fourth majority. Any proposed amendment must be circulated by the General Secretary to the secretariat and CEC one month before such congress;
RULE – 15 SUBSTITUTE
No substitute delegate from affiliated trade union will be allowed to attend the CEC meeting on behalf of the original delegates in their absence.
RULE – 16 COMPLAINTS & SUGGESTIONS
Any complaints and/or suggestions regarding the activities of the FOBTU will be received by the CEC through the General Secretary within one month from the date on which the congress was held complaints received after this period will not be treated as valid.
No member shall rush to the court of law on matters arising out of internal organisational disputes of the union unless he has complained or appealed to the CEC through the General Secretary and of the submission of his appeal/judgment shall be decided by the a CEC within 6 months of the date of its receipt. The general Appeal if preferred within 30 days after the judgment shall be decided by the CEC within 6 months of the date of its receipt. The complaint shall be allowed to be heard in person at this occasion if he had made specific.
RULE - 17 BENEFITS
No member of the FOBTU shall be entitled to any benefits that FOBTU may decide to give its member unless he has been a member for at least 6 months and has paid all the contributions for the financial year.
RULE - 18 EXPULSION OF CEC MEMBERS
(a) Any member found to be working against the interests 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 congress within 6 months 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 – 19 DISSOLUTION
(a) The FOBTU may be dissolved on a decision taken by a three-fourth majority at a General Congress called for the purpose. The General congress shall arrange for the proper disposal of assets and liabilities of the FOBTU when dissolution of the FOBTU has been approved.
RULE – 20 TEXT
(a) In the case of a conflict in meaning between different language versions of the text of the rules of the FOBTU, 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” it shall be deemed to mean “ his or her”. |
