Constitution of NTUI 2006 - 2009

Preamble

Labour is the source of all wealth, and should therefore determine and shape economic, political, and social life. It can do so only when workers are organised at every site of exploitation and oppression, and is united to eliminate it. We are dedicated to make this happen.

The strength of the working class movement is built on solidarity, respect and the presence of democratic ethos amongst workers, their organisations and on its concern for the well being of all humanity. In the context of political and organisational fragmentation, this means, for us, unity of the trade union movement on the basis of independence from government, employers and political parties. The NTUI is built on this core principle of unity and is committed to expanding co-operative and federal relationships towards uniting the labour movement on democratic principles.

The NTUI shall become the voice and inspiration of working women and men, of the oppressed and the discriminated, and of physical and intellectual labour. We shall act, decisively and militantly, at all times and on all occasions, to protect and expand their interests.

We are together in solidarity to transform society and the state with the democratic and humane aspirations of the labour movement and to build a classless society.

Chapter I: Name and Flag

Article 1.1: The federation shall be known as the New Trade Union Initiative (to be designated in abbreviation as the NTUI).

Article 1.2: The flag of the federation shall be a red flag of which the length shall be one and a half times its width. On the right, shall be the symbol of the NTUI with its width being one-third the length of the flag and its height being the width of the flag. The symbol is as under:

NTUI Symbol

Article 2: The national headquarter of the Federation shall be in Delhi

Chapter II: Aims and Objects

Article 3.1: to preserve and develop unions as centres of resistance against capital and as democratic self-organising institutions of workers.

Article 3.2: to struggle against all forms of economic exploitation, caste, gender, ethnic and other social discrimination and oppression.

Article 3.3: to recognise the principle of class struggle for achieving higher standards of living for working people and the emancipation of society from all exploitation.

Article 3.4: to view collective bargaining as an institutional form defined, sustained and expanded by the spread and depth of the class struggle within the country and internationally.

Article 3.5: to recognise women’s work, both paid and unpaid, in the economy and the family.

Article 3.6: to promote fraternity, solidarity, and unity among diverse sections of international working people on the basis of equality and the self-respect of nations and peoples.

Article 3.7: to oppose aggression, promote peaceful coexistence between countries, and eliminate nuclear weapons and other weapons of mass destruction.

Article 3.8: to struggle for economic development that fulfils the needs and aspirations of working people guided by a policy framework of planning, of an expanding public sector and effective workers’ participation at all levels of the economy.

Article 3.9: to secure living wages, full employment, right to work, right to livelihood, social security and civic needs for all working people.

Article 3.10: to build a democratic trade union movement through the education of members: one that contributes to effective participation in and control of unions by members and to developing fraternal relationships between unions and federations.

Article 3.11: to universalise the principle of the secret ballot for the recognition of a representative union of workers in a workplace.

Article 3.12: to encourage and enable the participation of labour in the political life of the local, state, national and international community and the exercising of their rights and responsibilities as citizens to deepen and broaden the democratisation of state and society.

Article 3.13: to enhance the participation of women in unions and in leadership positions to enable unions to become instruments for shaping the lives of women and men at work, in the family and in society.

Article 3.14: to affiliate unions and federations and to affiliate to international unions and federations.

Article 3.15: to promote the organisational unity of all workers on an industrial basis and to pursue a policy of a single, democratic union in a workplace and one federation in an industry, independent of governments, employers and political parties.

Article 3.16: to ensure the autonomy of each affiliated union and its right to a political viewpoint.

Article 3.17: to preserve and promote the ideals of co-operation, to democratise the functioning of co-operatives, and to develop the co-operative sector in the economy.

Article 3.18: to secure legislation, policies and practices to actualise internationally accepted human and labour rights, eliminate authoritarian and feudal institutions, practices and values and promote labour rights, democratic values, the dignity of labour and equality at the workplace and in society.

Article 3.19: to encourage, enable and assist affiliated unions to secure immediate interest and rights at the workplace and in industry through collective bargaining and extend this to all sections of the working class.

Article 3.20: to promote educational, research, cultural, media and communication institutions of the labour movement for the cultural and knowledge development of working people and to build general will in support of the interests, beliefs and values of the labour movement.

Article 3.21: to promote the organisation of unorganised labour on the basis of the unity of interest at the industrial or sectoral level.

Article 3.22: to build solidarity among working people based on the commonality of interest and tolerance for all beliefs and faiths and strive for ideals of secularism.

Article 3.23: to associate with non-union organisations that share the broad aims and objectives of NTUI and contribute effectively to unionisation, collective bargaining, and campaigns.

Chapter III: Membership

Membership of Affiliates

Article 4.1: The NTUI may affiliate to itself any trade union, registered or if in existence for at least one year.

Article 4.2: The trade union seeking affiliation shall make an application to the General Secretary of the NTUI, in accordance with rules decided by the General Council.

Article 4.3: The Executive Council, on receiving the applications for the affiliation of a union, shall consult the State and Industrial Councils, in whose jurisdiction the functioning of the union lies.

Article 4.4: The Executive Council shall have the power to authorise the President and/or General Secretary to issue a certificate of affiliation to the applicant union on receipt of their affiliation fee.

Article 4.5: The General Council on the recommendation of the Executive Council, shall have the right to suspend the affiliation of a union on any of the following grounds:

  • 4.5.1 Non-payment of affiliation dues for 2 consecutive years
  • 4.5.2 Working in a concerted manner against the decisions and interests of the General Council.
  • 4.5.3 Indulging in activities and practices in gross violation of the aims and objectives of the NTUI and the general interest of the labour movement

Provided no such recommendation shall be made by the Executive Council without specific charges communicated in writing to the concerned union and allowing at least one month to it to reply to the charges.

Article 4.6: The Executive Council may restore the certificate of affiliation to a union if it is suspended on grounds of non-payment of affiliation dues, on receipt of payment of such outstanding dues.

Article 4.7: The certificate of affiliation may be restored either by the Executive Council by a unanimous decision or by a two-thirds majority vote of the General Council on appeal by the union and on review of its conduct being appropriate as an NTUI affiliate.

Article 4.8: The certificate of affiliation of a union can only be cancelled by a two-third majority of the General Assembly.

Article 4.9: On the suspension of the certificate of affiliation of a union, the union and its office-bearers shall cease to have voting rights in the NTUI and cannot represent or communicate on behalf of the NTUI at any forum.

Affiliation Fee

Article 5.1: Each affiliated union shall pay the NTUI an annual affiliation fee

  1. of Re.1 per member per annum subject to minimum of Rs.1000 per union, if the average salary/ wage of the union member is less than Rs.5000 per month; or
  2. of Rs.2 per member per annum subject to minimum of Rs.2000 per union, if the average salary/ wage of the union member is Rs.5000 or more per month

Article 5.2: The decision of the Executive Council on the affiliation fee of affiliated unions shall be final and may be reviewed only by the General Council on appeal by the concerned union after having paid the required affiliation fee.

Article 5.3: The General Council may impose any other levy by a two-third-majority vote of the Council.

Associates

Article 6.1: Any organisation or alliance of working people, other than trade unions, which has a concern for labour and supports/complements trade union movement and subscribes to the general aims and policies of the NTUI, may become an associate of the NTUI.

Article 6.2: The Executive Council, after consultation with such organisations or alliances, shall make recommendations to the General Council, to make it an associate of the NTUI.

Article 6.3: The General Council, on the recommendation of the Executive Council shall have the power to authorise the President and/or General Secretary to issue a certificate of association.

Article 6.4: Representatives of the associates shall have the right to participate in all the affairs of the NTUI, except for voting rights in the General Assembly and the General Council.

Chapter IV: Organisational Structure

The NTUI shall consist of

  1. Affiliate unions
  2. Associate organisations
  3. Delegates of the Triennial General Assembly
  4. General Council
  5. Executive Council / Secretariat
  6. Forums
  7. State Councils and other State Bodies
  8. Industrial Councils

General Assembly

Article 7.1: The General Assembly shall be the supreme body of the NTUI and all its decisions shall be by a majority vote, except if otherwise provided in the constitution.

Article 7.2: All affiliated unions shall be represented at the General Assembly by a minimum of one elected delegate and more on the basis of one elected representative for every 500 members or part thereof exceeding 200 members.

Article 7.3: The associates shall be represented by delegates in the General Assembly in a manner decided by the Executive Council so that such delegates do not exceed ten percent of the total delegates in the General Assembly.

Article 7.4: The regular General Assembly shall be held every 3 years beginning from 2006. The time and place of holding the Assembly shall be decided by the Executive Council and informed to all affiliated unions and associates through at least a 90-day notice.

Article 7.5: The affiliated unions shall elect delegates for the General Assembly at least 15 days prior to the General Assembly and submit the names of the delegates to the General Secretary.

Article 7.6: The affiliated unions shall be entitled to representation only on receipt of certificates of affiliation and payment of all dues 30 days prior to the General Assembly, except where it is decided otherwise by the Executive Council and so informed with the notice of convening the General Assembly.

Article 7.7: The Executive Council shall call for resolutions, constitutional amendments, reports or any other proposals from affiliated unions and associates for the General Assembly and shall proceed to consider them or put them forward for consideration to such committees as may be constituted to conduct the affairs of the General Assembly and shall report on them to the General Assembly.

Article 7.8: All resolutions, constitutional amendments, reports or any proposals for the consideration of the General Assembly shall be submitted to the General Secretary 30 days prior to the General Assembly for consideration by the General Assembly, except that where the Executive Council may consider it necessary, it may receive it up to the day prior to the General Assembly.

Article 7.9: All resolutions, constitutional amendments, reports and any other proposals shall be proposed to the General Assembly only by the decision of the Executive Council except where more than twenty-five per cent of delegates in the General Assembly make a signed proposal to the Executive Council for consideration by the General Assembly, then the Executive Council shall be bound to put it forward for consideration by General Assembly.

Article 7.10: All delegates shall have the liberty to form alliances or coalitions in the General Assembly for supporting any proposal or policy or panel of candidates for elections.

Article 7.11: The President, General Secretary, six Secretaries and Treasurer, the principal office-bearers of the NTUI, shall be elected by the General Assembly as per procedure adopted by the General Council.

Article 7.12: A special General Assembly shall be called by the General Assembly or by the Executive Council on its own or within 120 days of a written request made by one-fourth of the members of the General Council or one-fourth of the affiliated unions at the previous General Assembly.

Merger and Dissolution

Article 7.13: The decision for merger or dissolution of the NTUI shall be decided only by a special General Assembly called for that purpose and by a resolution for merger or dissolution that is adopted by a three-fourth-majority vote of elected delegates present at the special General Assembly.

General Council

Article 8.1: The General Council shall consist of 1) all the office bearers, 2) other members elected by the General Assembly of the NTUI on the basis of one representative for every 2000 members or any part thereof exceeding 1000.

Article 8.2: All unions having a membership of more than 1000 shall have a right to nominate one person in the General Council.

Article 8.3: The associate organisations shall be eligible for nominating persons to the General Council not exceeding ten per cent of the total strength of the General Council.

Article 8.4: Only delegates elected to the General Assembly shall have the right to be elected to the Council.

Article 8.5: The General Council shall have the powers to nominate or co-opt members in the council.

Article 8.6: The General Council shall meet at least once a year or on requisition from the members representing one-fourth of the total strength of the General Council.

Executive Council

Article 9.1: The Executive Council shall consist of the President, General Secretary, Treasurer, Secretaries and all Presidents and Secretaries of state councils and industrial councils who shall be ex-officio Vice Presidents and Joint Secretaries.

Article 9.2: The Executive Council shall be the governing body of the NTUI between General Councils and shall ordinarily meet every 3 months for which the General Secretary or any other secretary so delegated with this responsibility, shall give at least 15 days’ notice of such meeting with the agenda and relevant papers to all the member.

Article 9.3: The quorum of the Executive Council shall be fifty per cent of the existing members and in the absence of such a quorum, all the members present in the meeting may agree to proceed with the meeting provided the next meeting of the Executive Council ratifies all decisions taken in such a meeting.

Article 9.4: Principal office-bearers shall be responsible for executing all the decisions of the General Assembly, the General Council, and the Executive Council and shall take such decisions in consultation, ordinarily in a meeting presided over by the President and in his/her absence, by the General Secretary.

Article 9.5: The allocation of responsibilities and duties of the day-to-day affairs of the NTUI shall be distributed in the Executive Council between the General Secretary and Secretaries under the general supervision of the General Secretary.

Article 9.6: The General Secretary shall be responsible to steer the affairs of the federation, sign all official documents and exercise general supervision over all the appointed officials and staff of the federation.

Finances

Article 10.1: The funds of the federation shall constitute of affiliation fees, donations, grants, income from activities and loans, and such funds shall be deposited in a bank and operated with the Treasurer being one of the signatories along with other office-bearers, as approved by the Executive Council.

Article 10.2: All bank accounts in the name of the federation at any place shall be operated only with the approval of the Executive Council and subject to the inspection of the Treasurer.

Article 10.3: The Treasurer shall be the chief financial officer of the federation in charge of all books, files and documents related to the financial matters of the federation and shall prepare a financial statement for each meeting of the Executive Council and the General Council and shall also present the Financial Report along with the audited balance sheet in the General Assembly.

Article 10.4: The Treasurer shall prepare the annual budget and investment plan for the surplus money for approval by the Executive Council.

Article 10.5: The Treasurer shall be responsible for maintaining the accounts of the NTUI, ensuring proper audit of such accounts by competent chartered accountants appointed by the Executive Council and compliance of all financial laws and rules applicable to the NTUI.

Forums

Article 11.1: The NTUI shall have Forums to provide for the autonomous development of policy focus, campaign, and mobilisation on specific issues or positions that are consistent with the aims and objectives of the NTUI.

Article 11.2: The General Council on its own or on a proposal supported by ten percent of the General Council members shall have the powers to decide and authorise the formation of Forums within the NTUI and such forums shall be treated as a Forums of the NTUI.

Article 11.3: A proposal for the formation of a Forum shall be submitted to the General Secretary signed by at least ten per cent of the General Council members.

Article 11.4: The Executive Council shall, in consultation with such members of the General Council supporting the proposal, finalise a policy framework and organisational rules for the internal functioning of the Forum consistent with the aims and objectives of the NTUI and submit the same for decision in the next meeting of the General Council.

State Council/ Local Council

Article 12.1: All affiliated unions and associates shall constitute the State/ Local Council as the case may be.

Article 12.2: The NTUI shall encourage unions unaffiliated to the NTUI to join the State/Local Councils in order to promote the solidarity and unity of the working class in the states and regions, and such unions shall have equal right in decision-making as per the procedure framed by the State Councils.

Article 12.3: The State Council can take decisions regarding the office-bearers and procedures for its functioning but shall have at least a President and a Secretary with the President and Secretary being members of affiliated unions.

Article 12.4: The State Council may in the interest of wider participation, elect from among them or nominate a person of Emeritus status for long-standing contribution to the union movement as Chairperson of the State council.

Industrial Council

Article 13.1: The General Council shall decide and authorise the formation of Industrial Councils on its own or when two or more affiliated unions from at least two states in the same industry or sector seek the formation of an Industrial Council.

Article 13.2: The Industrial Council shall be an autonomous organisational entity associated with the NTUI to promote the unity of interests and strategic convergence for organising and collective bargaining and for regulating the industry or sector for labour and the general interest of society.

Article 13.3: All affiliated unions and sections of general unions, which have members in an industry or sector, shall constitute the Industrial Council.

Article 13.4: All unions not affiliated to the NTUI may join the Industrial Councils and such unions shall have equal rights in decision-making of the Council as per rules and regulations framed by the Council.

Article 13.5: Each Industrial Council shall have at least two office-bearers, a President and a Secretary. Such President and Secretary shall be members of affiliated unions of the NTUI.

Article 13.6: The Executive Council shall take no decision on issues related to an industry or sector, where an Industrial Council has been constituted, without consultation with the relevant Industrial Council.

Article 13.7: In the event of an issue of a difference of opinion between the Executive Council and an Industrial Council the matter shall be referred for decision to the General Council where all members of the concerned Industrial Council shall be invited.

Chapter V: Decision on political issues

Article 14.1: All matters of a political nature shall be decided by a three-fourth majority of the members present in all respective bodies.

Article 14.2: The Executive Council shall have the powers to decide an issue or declare categories of subject matter as being political in nature.

Article 14.3: One-fourth of the members of the Council can seek a vote on an issue on the ground of it being of political nature.

Chapter VI: By-laws

Article 15: The General Council shall have powers to frame binding rules and procedures for governance consistent with the constitution and specifically to regulate and deal with issues relating to:

  • 15.1 Functioning of Executive Council and General Council
  • 15.2 Affiliation of unions
  • 15.3 Affiliation fees
  • 15.4 Submission of returns
  • 15.5 Election of delegates to General Assembly
  • 15.6 Suspension and restoration of affiliation
  • 15.7 Dispute Settlement Procedure
  • 15.8 Code of Ethical Practice
  • 15.9 Functioning of Industrial Councils
  • 15.10 Functioning of State Councils
  • 15.11 Functioning of Forums
  • 15.12 Creation of Special Funds

Constitution of NTUI 2006 - 2009 was last edited by ntui, on Thursday, the 17 of December, 2009.