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    Nepal Commercial and Allied Workers Union Constitution

    2068(2011)
    Amendment 2069(2013)

    Preamble

    Inspired by the objective of supporting workers to obtain economic, political and social justice, protecting fundamental rights vested in commercial and allied sector workers.

    With the aim of contributing to the institutional development of democracy and the establishment of the egalitarian society under the multiparty democratic system through the use of organized power of workers.

    It has became copulation to establish a national level trade union to incorporate all the workers that are related various retail shop, wholesaler, department stores, and self employees wage workers etc. Spread throughout country to work for workers’ interests, world peace, human rights and multiparty democratic system.

    Now therefore, Nepal commercial and Allied workers union has promulgated and enforced this constitution immediately.

    1. Short title and commencement

    1. This constitution shall be called “The Constitution of Nepal commercial and Allied Workers Union 2068”.
    2. This constitution shall be enforced immediately.

    2. Definition 

         Unless the subject or context otherwise requires in the constitution.

    1. “Worker” means any worker or employee who draws wages or salaries through work in different retail-shop and other store, departmental store, super market, wholesalers and others or self-employed person.
    2. “working committee” means unit, district and national committees of Nepal Commercial and Allied Workers Union.
    3. “Federation” means National Union of Nepal Commercial and Allied Workers Union.
    4. “Office Bearer” mean all the office bearers including the members of the working committee.
    5. “Member” means all the members including all the member of working committee.

    3. Establishment of Nepal commercial and Allied Workers Union and Office

    1. A national level of free professional related federation shall be established which will be called Nepal Commercial and Allied Workers Union.
    2. It shall be an autonomous and organized institution of regular successors and it shall use, mortage, buy and sell its property as a person. It can file the lawsuit from its name and the suit can be filled.
    3. The working committee of Nepal Commercial and Allied Workers Union shall remain in Kathmandu Valley and the offices of unit, district committee shall remain in the same district or units as required.
    4. Nepal commercial and Allied Workers Union shall have a distinct stamp as provided in the attachment for daily office work. The emblem and the flag of union shall be as provided in the attachment.

    4. Objectives

    1. To be committed to the promotion of the workers’ rights for the substitution of democratic institution, norms and ideology, considering the fact that only the absolute democratic system can protect and guarantee the workers’ rights and interests.
    2. To develop fraternal relationship between the national and international organizations having similar principles and aims.
    3. To conduct national and international training programs, workshops and seminars to develop the capacity of workers. To conduct essential and appropriate programs for the interests and welfares of workers and their families.
    4. To work for workers welfare and their families.
    5. Work together with leading labour organizations and labour related issues and policy formation.
    6. Take initiation for dialogue with government on workers’ rights and interest and way-out on the basis of existing laws.

    5. Membership

    1. The national committee of Nepal Commercial and Allied Workers Union can provide membership who has given special contribution to achieve the objectives of union.
    2. The interested members who can option the membership will have to pay NRs 10 as an entrance fee and NRs 120 for the annual fees including 130 as a membership for the concern district committed or directly to National Committee.
    3. The membership shall not be provided to mental disorder and work adverse the objective of union.

    6. Invalidation

          Notwithstanding anything contained in the constitution, the position of the office bearer will invalid if:

    1. S/he resigns from the post.
    2. S/he dies or S/he does not follow the code of conduct under of this constitution or does anything against Nepal Commercial and Allied Workers Union or against the objectives of this constitution and if these activities happened to be proved by two third majority of the national committee with evidences. But chances of hearing will be provided to them before their suspension.
    3. S/he doesn’t renew her/his membership during fixed period.
    4. S/he suffers from mental breakdown. 
    5. S/he absent in national or working committee meeting continuously three times without any information.

    7. Structure of Nepal Commercial and Allied Workers Union

      1. Unit Committee
        Unit Congress will form with president-1, Vice President-1, Women Vice President-1, Secretary-1, Joint Secretary-1, Treasurer-1, members including 5 and no more than 11.

      2. District Committee
        Under the unit committee of union one representative will be selected from 25 general members that will form a district convention. The period of this committee will be four years. The district congress will form the committee comprised of 15 people of unit committee where: President-1, Vice President-1, Women Vice President-1, Secretary-1, Sub-secretary-1, Treasurer-1, Member 5 including Youth committee President-1, Women Committee President-1 and 2 others members nominated by the president.

      3. Regional Committee

        Under the co-ordination of regional president, a regional committee will be formed with the representative of national committee and district committee presidents.

      4. National Committee

        Under the co-ordination of regional president, a regional committee will be formed with the representative of national committee and district committee presidents.

      5. Regional Committee

        Under the district committee of union one representative will be selected from 100 general members, if there are more than one hundred members than another representative will be selected through the district convention in the ration of 1 is to 100, district presidents, central office bearers, members all together with form a central convention for four year that will select and from a national committee as President-1, Ex-president-1, Senior Vice President-1, Vice President-2, Women Vice president-1, General secretary-1, Deputy General Secretary-3, Treasurer-1, Member-11 including 3 women members, Regional President-6, Youth Committee President-1, Women Committee President-1 and 3(three) members nominated by president altogether maximum 33 members have National Committee.

      6. Tenure of Committee

        The tenure of unit committee and national committee office will be of 4 years from the date of election.

      7. Leadership of central committee will not get chance to remain in the post continuously for two period.
      8. Qualification for central committee members

        Members:
        Should complete one working-period in district level committee.

        Office Bearer:
        Should complete one working-period is central committee level.

        President:
        Should complete one working-period in the central committee with office bearer.

    8. Council

    1. Unit Council
      The meeting to be held every year including the following office bearers will be called the district council.

    2. District Council
      The meeting to be held every year including the following office bearers will be called the district council.

    3. National Council
      The meeting to be held every two year. All the members of the national convention, president of districts, members of national committee and its officials have to meet.

     

    9. Rights, responsibilities and duties of the council and the committee

    1. Union, District council and national council
      a) To assess yearly the activities done by the working committee.
      b) Required work to achieve the goal of federation.
      c) To resolve the dispute of lower level by district and national committee.
      d) To organize the meeting of unit, district and national committee in every three month. If necessary, the meeting will be called at any time by president.
      e) The chairperson of the meeting will be president. In the absence of the president, chairperson of the meeting will be senior vice president or vice president. Similarly, in the absence of both the chairperson of the meeting will be the person selected by committee.

    2. Rights and responsibilities of convention
      a) To elect the committee.
      b) To design future activities of union and its budget.
      c) To evaluate the work of working committee.
      d) To appoint the auditor and discuss and make decision of the audit report.
      e) To elect the district representative from the unit.
      f) To elect the central representative from the district.
      g) To give the final decisions from the convention raised under committees.

    3. Revision or amend of the constitution

      To revise or amend any particulars mentioned in this constitution, the revision proposal must have been endorsed by two third members present in the congress. The constitution will not be revised against the spirit of the proposal.

    4. Quorum 

      Convention, council and meeting or every level of union no resolution shall be presented for decision unless in the meeting 51% of the total number of members of the concerned bodies present.

    5. To keep the minutes
      General Secretary perform shall keep the minutes of meeting of convention, council and any meeting of union.

    10. Financial Provision and Operation

    1. Financial Provision
      Union will have its own fund. The fund will contain.
      a) The money collected through membership dues and entrance dues.
      b) Donation to union and other incomes.
      c) Any kind of fund invested by union.
      d) Donation or aid from national and international organizations.
      e) Miscellaneous.

    2. Fund Operation

      a) A bank account will be opened in the name of union in Rastriya Banijya Bank and the money collected in the name of union will be deposited in the account.
      b) The bank account opened will be operated by the joint signatures of committee president or general secretary and treasurer. In case of the district and unit level, account opened will be operated by joint signatures of president or secretary and treasurer.
      c) The bank account of the national committee will be operated jointly by president or general secretary and treasurer.

    11. Election System

    1. The election of central committee is conducted by the election officer who is determined by working committee.
    2. All levels and types of election will be conducted secretly.
    3. Election officer, foreign citizen, honorary member cannot be candidate for the election.
    4. The person who has not served continuously for one year cannot be an office bearer. But this norm will not be applied for the first national conference.
    5. The election provision will be performed by national committee.

    6. Every region is monitoring and supervision by the regional president, who are elected by the national convention and they will became the member of central committee.

    12. Extending the tenure

    In the case of not holding the election on time, the legality will be given to the work done by working committee for maximum six month.

    13. Provision of accusation and vote of no confidence

    1. Proposal of accusation

      The office bearer of any committee of union can be discharged from the posts by the two third majority of the concerned congress, if s/he is proved to have worked against the constitution.

    2. Special Conference 

      If the 25 percent of representative ask for the provision of special conference, the conference should be held within the three months, in the condition when they show specific cause of conflict.

    3. Vote of no confidence

      If any member of the committees is proved to have worked against the interests and objectives of union, or is incapable of providing good leadership, s/he can be discharged from the post, passing the vote of confidence by the two third majority of the special congress.

    4. The time of justification

      Convention, The time for the justification should be given to the president who is accused of no confidence.

    14. Rights and responsibilities of office bearers

    1. Presidents:

      a) To watch overall activities of union and provide leadership for all well-being of union.
      b) To chair the meeting of the concerned conference, council, congress and committees and give decisive opinions are equal.
      c) To provide leadership for the well-being of union.
      d) To promote, monitor and control the property of federation.
      e) To nominate two members in the national committee.
      f) The national committee president, the district committee president and the union committee president can spend not exceeding NRs.10,000, NRs. 5,000 and NRs. 3,000 respectively for casual work.

    2. Senior Vice President/Vice President:

      a) To take the responsibility of the president in the absence of the president.
      b) To work as require by the constitution to fulfill the objectives, to work for achieving the objectives of federation.
      c) To work as prescribed by the committee.

    3. General Secretary/District and Unit Committee Secretaries.

      a) To call the meetings with the permission and counseling of the president and to keep minutes.
      b) Corresponding.
      c) Monitoring and maintaining administrative control.
      d) To implement project and program and making the provision of observation and evaluation.
      e) The national committee general secretary, the district committee secretary and the unit committee secretary can spend not exceeding NRs. 5,000, NRs. 2,000, and NRs. 1,000 respectively to be endorsed in the future meeting.
      f) Doing other works as directed by the committee.

    4. Deputy general secretary/district and unit committee deputy secretaries.

      a) To assist the general secretary in the national committee and the secretary in the district committee, to watch and control the daily administrative work of union and take the responsibilities of the general secretary and secretary in their absence.
      b) To work as required fulfilling the objectives to be achieved pursuant to the constitution.
      c) Doing other works as directed by the committee.

    5. Treasurers

      a)a) To watch, control and arrange the financial transactions and the physical property of union.
      b) To prepare the details of the annual budget and its allocation with the permission of the committee and to get them approved by the congress and the council.
      c) To design various plans for the financial promotion of union.
      d) To get the financial transactions audited.
      e) The national committee treasurer, the district committee treasurer and the unit committee treasurer can spend not exceeding NRs. 5,000, NRs. 2,000 and NRs. 1,000 respectively to be endorsed in the future meeting.

    6. Members

      a) To regularly take part in the committee meetings.
      b) To play an active role to implement committee decisions.
      c) To assist the committee in other works.

    15. Provision of accusation and vote of no confidence

    1. Secretariat

      In central level a national level secretariat will be formed within the president, vice president, general secretary, secretary and treasurer. This secretariat will take decision while it is urgent and not holding the working committee meeting. But every decision should be adopted.

    2. Working Committee

      The president will chair the working committee where 13(twelve) members are there as President-1, Ex-president-1, Senior vice president-1, Vice president-2, Women vice president-1, General secretary-1, Deputy General secretary-3, Treasurer-1 and Youth Committee and President-1, Women Committee President-1 as a members.

    16. Provision of position vacancy and fulfillment

    The positions of district committee, district council, regional committee, national committee and national council will be vacant if:

    i. S/he is not the member of the union any longer.
    ii. His/her resignation is approved.
    iii. S/he is mentally unbalanced.
    iv. S/he is dies.
    v. The committee decides to dismiss him/her from the post because of his/her absence in the meeting without notice for three times regularly. However, the accused will be given sufficient time for clearance before any action taken.

    17. Provision of position vacancy and fulfillment

    1. Budget Allocation to fulfill certain purposes of union will be as determined by the committee which collects the money.
    2. The national committee will provide the money to the district and unit committee as may be required.

    18. Explanation of the constitution

    The ambiguous provision or particular mentioned in the constitution if any will be recognized until the national council will revise it according to the national committee decisions.

    16. Union may dissolve

    Union may dissolve with the decision of two third majority of its member.

    17. Provision of transfer of responsibility and property

    Responsibility and property entrusted to central and district ad hoc committees of union will be transferred to affiliated national centre.

    18. Affiliations

    a) Nepal commercial and Allied workers union shall be affiliated to Nepal Trade Union Congress.
    b) If required, Nepal commercial and allied workers union shall be affiliated to same sector national and international organization.

    ATTACHMENT

    1. STAMP, FLAG AND EMBLEM

    a. Stamp
    Union stamp will be of circled-shape. In upper part of stamp Nepal commercial and allied workers union will be written, in surface part, central/district, unit committee will be written, and in the middle part union establishment date 2068 will be written.

    b. Flag
    Union flag will be of rectangle shape. Upper and lower part will be covered by red, and middle part will be white. The union logo will be inserted in white colour.

    c. Emblem
    In the central white part of the flag, there will be the blue coloured ‘swastik’ sign. In the upper part of ‘swastik’ sign, there will be seven teeth shaped sign and the swastika sign will be encircled.

    2. Oath