Constitution of APUWJ (as amended in 2010) Andhra Pradesh Union of Working Journalists (APUWJ) (Regd. No. B.451) CONSTITUTION (as amended in 2010) Constitution of Andhra Pradesh Union of Working Journalists (APUWJ) NAME : 1. The name of the organization shall be ANDHRA PRADESH UNION OF WORKING JOURNALISTS (APUWJ) AFFILIATION : 2. It shall be affiliated to the INDIAN JOURNALISTS UNION (IJU), NEW DELHI. REGISTERED OFFICE: 3. The Registered Office of the Union shall be situated at Hyderabad. AIMS AND OBJECTS : 4. The objectives of the Union are: (a) to organize Working Journalists in the State of Andhra Pradesh on trade union lines. (b) to raise status of the profession of journalism and Working Journalists and to uphold the freedom of press. (c) to strive for the betterment of working conditions of the journalists and other media employees including electronic and web media especially salary, tenure of office, conditions of service. (d) to maintain and promote highest standards of professional conduct and integrity. (e) to promote unity and co-operation of Working Journalists with other sections of employees in newspaper industry. (f) to engage in such social, cultural, welfare and other legitimate activities as are incidental or conducive to the attainment of the aforesaid objects. (g) to publish newspapers and periodicals including bulletins and house journals and promote news agencies, electronic and web media. (h) to secure representation of the Union on various committees and bodies set up in particular by the Government connected to the profession of journalism. 2 5. MEMBERSHIP (i) Membership of the Union, subject to other provisions of the constitution, is open to all working journalists as defined in the Working Journalists and other Newspaper Employees (condition of service) and Miscellaneous Provisions Act, 1955 in the state of Andhra Pradesh. (ii) Part-time correspondents whose principle avocation is that of journalism. Provided however, that they produce proof in this behalf in terms of receipt of remuneration or letter of appointment etc. (iii) Working Journalists of the following categories working in electronic media especially in TV news channels, whose nature of work is that of working journalist as defined in the Working Journalists’ Act 1955. a) Staff Reporter and Part-time Reporters. b) Editors and Sub Editors in editorial Department. c) Camera Persons working in news gathering and production departments. d) News Coordinators working in in-put and out-put departments discharging duties related to news gathering and news production. e) News Presenters and Anchors presenting news and current affairs programs. (iv) Proprietors and Directors or Managing Editors and other persons having proprietary interests shall not be eligible for membership. However, members of co-operative concerns of journalists shall not be deemed to be having proprietary interests. 6. MEMBERSHIP SHALL BE OF THREE CATEGORIES: (i) ORDINARY MEMBER: Persons qualified under Article 5 and working as Journalist at least for a period of one year. However, a person who enrolls himself/herself as a member of the Union shall not have voting right for one year from the date of enrolment. 3 (ii) ASSOCIATE MEMBERS: Self employed editors shall be admitted as Associate Members without voting right. But they can participate in all meetings of the Union, including State and District Unit conferences of which they are members. (iii) HONORARY MEMBERS: Working Journalists who retire from service after outstanding service to the union, profession and to the cause of working journalists can be conferred honorary membership by the executive committee of the union. EXPLANATION The Honorary members shall not have to pay any membership fee. They shall be eligible to attend the annual conference of the Union or the District Unit, of which they are members, but they shall have no voting right nor shall they hold any elective post. The President of the Union or the President of the District Unit can nominate any such Honorary Member to any sub-committee that may be formed by the Union or the Unit for a specific purpose. 7. The General Secretary of the Union, or the Secretary of the Branch may, subject to the provisions of this constitution and scrutiny of the Executive Committee or a Sub-committee nominated from among its members admit to membership of the Union persons PRIMAFACIE qualified under Article 5, and applied for membership in the prescribed form. 8. Applications for membership under Article 5 shall be in the prescribed form provided by the State Union Office. It shall be duly signed and shall be accompanied by an admission fee of Rs.50/-. (a) Every member shall pay the specified subscription for the Union journal along with their membership fee. (b) The membership may be revoked or suspended at any time by the Union. The aggrieved member has the right of appeal to Disciplinary-cum-Credential Committee against the decision within thirty days of intimation. (c) All members of the union shall pay one day wage to the journalists Welfare Fund constituted by the State Government or as per the norms laid down by the Government from time to time. 4 9. Where a District Unit of the Union is in existence, membership applications shall be received ordinarily by the District Unit. But where a District Unit is defunct or is not in existence the General Secretary shall directly receive them. The membership applications recommended by the District Unit executive shall reach the General Secretary within two weeks. Any person denied membership may file an appeal to the Executive Committee. On transfer of a member from one place to another he will be entitled to become a member of the new branch. He will not be required to pay any fee other thank transfer fee of Rs.25/-, if there are no dues pending against him in the branch from which he is seeking transfer. 10. (a) There shall be two types of annual subscription as follows: (i) Those drawing wages of Rs.10,000/- or less per month shall pay Rs.50/-. (ii) Those drawing wages of Rs10,001/-- and above per month shall pay Rs.100/-. “Wages” in this context means the total emoluments of the members from all newspapers and journals from which he/she gets monthly remuneration. (b) Any member who fails to pay the subscription before expiry of the grace period of six months shall cease to be a member and readmission fee of Rs.100/- shall be paid on the date of readmission. If the expiry period is more than six months he/she shall loose membership and will be treated as new member if he/she so desires to rejoin. (c) The branch shall have 25 percent share in the subscription fee collected from its members. 5 DISTRICT UNITS: 11. The Executive of the Union may organize a District Unit one in each district and also at Vijayawada, Visakhapatnam and Tirupathi, the three major publication centres in the State, provided that there shall b e not less than five members at the time of formation of a Unit. 12. The Executive Committee shall frame rules for the conduct of business to the District Units, their Executive Committee and their funds. 13. The District Unit shall take up local issues which fall within the purview of the Union. 14. (a) The District Unit shall hold General Body meetings at least twice in a year. The first General Body held in a calendar year shall elect office- bearers and committee of the District Unit for a period of one year. The Executive Committee so elected shall meet at least once in three months and a minimum of four times in a year. (b) The members of the District Unit shall elect delegates as per the schedule fixed by the State Executive to the State Conference, who shall also be members of the State Council for a term of two years. (c) All members of the State Council and National Council Members of IJU shall be ex-officio members of the respective branch Executive Committee without voting right. 15. Any disciplinary action against any member of any unit who acts against the policy, objectives or constitution of the union lies with the Executive Committee. Explanation: For the purpose of disciplinary action “any member” includes officce bearers. The APUWJ State Executive Committee may refer the case to the Disciplinary-cum-Credential Committee before taking any decision or action if it so desires to satisfy itself. 6 The Executive can suo moto initiate disciplinary proceedings against any member, but it must complete its work within 60 days of the initiation of such work. Appeals against all disciplinary actions shall lie with the appropriate body set up by the Indian Journalists Union. District Units will have powers only to recommend to the State Executive Committee on the question of disciplinary action against any member or a unit. When action is taken against a member or a unit by the Executive Committee of State Union, the General Secretary shall communicate the same to the member or the Unit as the case may be, within one week. If the Executive removes any office bearer as a disciplinary action under the provisions of the Constitution, the resultant vacancy of the post may be filled immediately or alternative arrangement be made for the time being. In the event of suspension of a District Unit the General Secretary in consultation with the President shall authorize one or more members of the unit to be temporarily in-charge and take steps for holding fresh elections of new office-bearers within sixty days. (a) Any provision in the constitution of a sponsored organization of the Union which is inconsistent with or repungent to the spirit of this constitution shall, to that extent be null and void. (b) If any sponsored organization is not working properly in accordance with the constitution of such body the Union shall intervene and take such action as may be deemed fit by the State Executive of the Union. (c) If a District Unit fails to hold General Body meeting within the stipulated time or the body continues in the office for more than 15 months, the body automatically ceased to be a valid body unless otherwise permitted by the Executive Committee on the written request of the body on valid grounds. Members shall adhere to the rules and regulations laid down by the Executive Committee time to time for the conduct of elections. Violation of the same shall attract serious action including disqualification from the contest and expulsion from the Union. 7 NO CONFIDENCE MOTION: 16. If one-third of the members of the State Council give notice to the President expressing lack of confidence in either the President or the General Secretary or the Executive Committee as a whole, an emergency meeting of the State Council shall be convened within four weeks of receipt of such notice to discuss the matter. In case of NO CONFIDENCE is passed by a three-fourth majority of those present (which would not be less than the ordinary majority of the total strength of the body) the State Council can elect a new President or General Secretary or Executive Committee. If the notice is on lack of confidence in the President, he/she shall not preside over the State Council meeting where such matter is discussed. FUNDS: 17. The General Fund of the Union shall include income from subscription from members, interest on investments, donations, grants and other receipts. The Union Executive may invest General Funds or raise a loan for specific purpose of creating assets or other remunerative facilities in furtherance of the aims and objectives of the Union However, the immovable property of the Union shall not be mortgaged or pledged as surety without the approval of former Presidents and General Secretaries who are associated with the Union. In such cases, the General Secretary of the Union shall convene a meeting with them for this specific purpose. The Executive Committee of a District Unit may also raise a loan for the same purpose, subject to the approval of the Executive Committee of the State Union. 18. Regular accounts of all receipts and disbursements and assets and liabilities shall be maintained by the Treasurer of the Union. 8 19. The funds of the Union shall be deposited in a Nationalized Bank in the name of the Union either in current or saving account. The General Secretary shall operate the accounts jointly with the Treasurer. The General Secretary shall not at any time keep more than Rs.200/- of Union funds in cash with him besides keeping with the Treasurer a sum of Rs.100/- at the same time. 20. Special funds raised by the Union in accordance with the decision of the Annual Conference or the State Council or the Executive Committee shall also be operated in the same manner in which the General Funds would be operated. 21. General Funds of the Union shall be spent in furtherance of the aims and objectives of the Union, subject to provision of section 15 of the Trade Union Act, 1926. GENERAL FUNDS OF THE UNION CAN BE SPENT FOR (a) Payment of salaries to the Staff of the Union, travelling allowances to Office-bearers, Executive Members, Delegates and National Council Members at such rates as are decided by the Executive Committee. (b) Payment of honorarium to the Manager, Legal Adviser and Auditors. (c) Conducting trade union disputes on behalf of the Union and prosecution or defence of any legal proceedings to which the Union or any member thereof is a party when such proceedings are under taken for the purpose of securing or protecting any rights of Working Journalists in general and members of the Union in particular, if so authorized by the Executive Committee. (d) Publishing periodicals or pamphlets for the purpose of disseminating information pertaining to the Working Journalists and problems of the press in general. (e) Publishing the Union’s own daily or dailies from a centre or centres to be decided by the State Council. (f) Helping Working Journalists or their families in distress. 9 22. The Union accounts shall be audited by two members of the union, who are not members of the Executive, once in three months. The report of the Internal Auditors along with their remarks shall be placed before the next Executive Meeting. The balance sheet and the income and expenditure statement as audited by a Chartered Accountant shall be placed before the Annual Meeting for ratification. At the district level, the District Unit accounts shall be audited by two members of the Union, who are not members of the executive once in three months. The report of the Internal Auditors along with their remarks shall be placed before the next Executive Meeting. Where a District units annual financial transaction is more than Rs.50,000/- the balance sheet and the income and expenditure statement as audited by a Chartered Accountant shall be placed before the Annual Meeting for ratification. A copy of the same be submitted to the State Union within two weeks. The Executive Committee shall have the right to examine records of accounts, minutes and proceedings of any of its branches. DIFFERENT ORGANS OF THE UNION: 23. The State Council consists of 100 members elected by ordinary members, besides Presidents and Secretaries of the District Units and the members of the National Council of Indian Journalists Union from the State of Andhra Pradesh. The delegates shall be elected by ordinary members at biannual General Body meeting of the District Unit. The State Executive shall determine the proportion of representation to each District Unit of the Union on the basis of their membership. The term of the State Council shall be two years. Interim vacancies shall be filled by co-option. The Executive Committee may nominate not more than five members to the State Council from the unrepresented areas and sections. The Executive may co-opt not more than three members to the State Executive of whom two shall be women. 10 24. The State Council shall meet at least once a year to consider and approve the General Secretary’s report and the audited balance sheet of the Union for the previous year. The State Conference at its meeting shall elect four Vice-Presidents, one General Secretary, one Deputy General Secretary, four Secretaries, one Treasurer and nineteen members of the State Executive Committee. The quorum for the meeting of the State Council/State Conference shall be one –fourth of its total membership. Notice period for the meeting of the State Council/State Conference shall be fifteen days. An extraordinary meeting can be requisitioned in writing with a clear notice of 30 days by one third of its total membership. Provided that the nominee of the Andhra Pradesh Union of Working Journalists (APUWJ) holds the office of President/General Secretary of the Andhra Pradesh Newspaper Employees Federation (APNEF) he /she shall be ex-officio Vice-President of the Union. 25. The President shall be elected by all ordinary members of the Union by a single non-transferable vote. 26. The term of the President and other office bearers and members of the Executive Committee shall be for two years. They will, however, remain in office until a new team is elected. EXECUTIVE COMMITTEE: 27. The Executive Committee shall consist of the President, four Vie-Presidents, one General Secretary, one Deputy General Secretary, four Secretaries, one Treasurer and nineteen members. Deputy General Secretary and out of the four Vice-Presidents and four Secretaries one each shall be from the members from Electronic Media. (a) The immediate past President, General Secretary of the State Union besides members of the National Executive Committee of the Indian Journalists Union from the State of Andhra Pradesh shall be ex-officio members having voting right. The Union members who are elected/nominated to the statutory bodies like Press Council of India, Central Press Accreditation Committee shall be permanent invitees to the meeting of the State Executive Committee. 11 (b) The President and General Secretary shall not hold office for more than two consecutive terms in the same post. (c) If a member is in default in payment of any amount of cash or kind due to the Union for a period exceeding three months is disqualified for being a candidate for the post of any office bearer of the Union 28. (a) The Executive Committee shall meet at least four times in a year. The quorum for the meeting shall be one third of the total members having voting right. (b) The General Secretary may, if he/she deems it necessary, get the approval of the Executive Committee to decide any important or urgent matter by circulating the same to all the members of the Executive Committee and obtain their opinion in writing. In such case, the opinion of the majority of the members of the Executive Committee shall be valid provided that at least one-third of the members communicate their views in writing. The General Secretary shall however, place the same before the next meeting of the Executive Committee for ratification. 29. The Executive Committee shall take all steps as and when needed in furtherance of the objectives of the Union and in connection with any disputes between the employers and the employees in the industry, which are brought to it. 30. An extra-ordinary meeting of the Executive Committee can b e requisitioned by one third o its members. 31. Ten days notice for an ordinary meeting and once week’s notice for an extraordinary meeting of the Committee by the Central Office shall b e deemed sufficient. 32. The Executive Committee at its first meeting shall elect a disciplinary-cum-Credentials Committee consisting of five members who are not members of the Executive. In case bonafides of any member as working journalist and its title to membership are doubted or if a dispute arises whether the working journalist continuous to be valid member, his or her case shall b e referred to the disciplinary-cum-credentials committee for enquiry and decision. 12 Appeals against the decision of the Committee shall lie with the appropriate body set up by the Indian Journalists Union. The Disciplinary-cum-Credentials Committee shall be inquiring into complaints about the Elections at the Unit or State level. 33. The Executive Committee may also constitute special committees for specific purposes. Casual vacancies in the Executive shall be filled by co-option. 34. The elections of State Council members shall be completed along with the election or President as per the schedule decided by the State Executive. (a) Polling for Elections of the President and Members of the State Council shall be held simultaneously on a single day throughout the State. (b) Members of the District Unit shall meet at a place decided by the District Executive Committee to exercise their franchise. When there is no District Unit, the members shall exercise their franchise through postal ballot supplied by the Returning Officer of the Union. THE PRESIDENT 35. The President shall be the head of the Union. He shall be responsible for the supervision and control of the activities of the Union and its day-to-day work and shall conduct himself in a manner prescribed by the constitution and rules. He/she shall preside over all meetings of the Union, the State Council and Executive Committee and shall maintain their decorum and description. He/she can attend the meetings of various committees and sub-committees except unless specially invited, those of the Disciplinary-cum-Credentials Committee. VICE-PRESIDENT The Vice-President shall help the President in the discharge of his duties and in case of the President’s absence, act on his behalf. In the absence of both the President and Vice-Presidents any member chosen by the members shall act as Chairman of Executive or the State council meetings. 13 GENERAL SECRETARY The General Secretary shall conduct all the work of the Union under the guidance and on behalf of the President. He shall b e the Chief Executive Officer of the Union ;and shall carry on all correspondence on behalf of the Union, maintain a record of all proceedings of the Union, sign all bills and be responsible for the accounts. He shall be in charge of the Central Office and shall take help from and assign such work as he deems fit to one of the four Secretaries, for the discharge of his duties. He shall convene all meetings of the Union, the State Council and the Executive Committee and he/she, or Secretary nominated by him/her for the purpose, shall be an ex-officio member of all Committees and sub-committees of the Union, the State council and the Executive Committee, except the Disciplinary-cum-Credentials Committee. He/she shall conduct himself according to the provisions of the Constitution and the Rules and shall sue and be sued in a Court of Law on behalf of the Union or through any person authorized by him, represent the Union or members thereof in all Trade Union disputes. The General Secretary shall maintain a register of members as required under the Indian Trade Union Act. 1926. DEPUTY GENERAL SECRETARY: The Deputy General Secretary shall discharge the functions of General Secretary in his absence. He shall discharge functions assigned to him y the State Executive or the General Secretary from time to time. The Deputy General Secretary shall co-ordinate the activities of Electronic Media in particular. The Deputy General Secretary Post is reserved for the members from Electronic Media. In the first meeting of the newly elected State Executive Committee the Deputy General Secretary shall be nominated. Secretary: The Secretaries shall assist General Secretary and take up the tasks assigned by the General Secretary from time to time. TREASURER The Treasurer shall maintain the accounts of all the income and expenditure of all the income and expenditure of the general or special funds of the Union and shall keep the funds of the Union in the manner prescribed by the constitution, rules in a bank approved by the Executive Committee for the purpose. 14 36. Members of the Union, nominated b y the Executive Committee to any government or other Committees or such other bodies, shall act on behalf of the Union shall b e answerable for their conduct. He/she or they shall report to the Executive about their work on such bodies and take its guidance on all important matters. 37. On the election of new office bearers, the outgoing office bearers shall hand over complete charge of their work to them and in case of disciplinary action against or the passing of a no-confidence motion in or acceptance of the resignation of an individual office bearer, he/she shall also hand over complete charge of his/her work and the papers and property of the Union in his/her possession to the person elected or nominated in his/her place or authorized to take over from him/her. 38. A Register of members, accounts books, and other prescribed registers shall be kept at the Registered Office of the Union and properly maintained by the officer responsible. The register and other books shall be open for inspection by any officer or member of the Union, after one week’s notice at the Registered Office of the Union on working days. A register of members accounts books, minutes book and other prescribed register shall be properly maintained by the branch and shall be kept at its office or at a place or persons decided by its Executive Committee. AMENDMENT TO THE CONSTITUTION 39 (a) The Constitution of the Union may be amended by three-fourths Majority or those present and voting at a State Council meeting or Special State council meeting convened for the purpose. Fifteen days clear notice shall be given for such meeting. (b) A special State council meeting shall be convened for amending the Constitution. If one-third of the members make such a demand in writing thirty days clear noticed shall b e given to members for such a meeting. 40. The Executive Committee shall frame, amend or modify, in keeping with the provisions of the Constitution, rules for the conduct of the day-to-day work of the Union, the Executive, office-bearers, district units, and other matters. 15 41. The Executive Committee shall have the authority to confederate the Union with the employees unions in the Newspapers and News Agencies, for bettering the chances of collective bargaining. DISSOLUTION 42. The Union can be dissolved by special resolution passed by two-third of the total membership of the Union at an extraordinary State council meeting of the Union specifically convened for the purpose. The funds and property of the Union shall be disbursed in accordance with decision of the same meeting in case it is decided to dissolve the union. Provided that one month’s notice is given separately to all members of the Union for the meeting and along with notice the two resolutions, one regarding the dissolution of the union, and the other regarding disbursement of the funds and property of the Union on dissolution, are also circulated to every member. Sd/- (GENERAL SECRETARY) 16 1. Amendments approved by Registrar of Trade Unions, Hyderabad (Twin Cities) on 19-5-1982 2. Amendments approved by Registrar of Trade Unions, Hyderabad (Twin Cities) on 24-10-1991 3. Amendments approved by Registrar of Trade Unions, Hyderabad (Twin Cities) on 22-12-1992 4. Amendments approved by Registrar of Trade Unions, Hyderabad (Twin Cities) on 14-11-1998 5. Amendments approved by Registrar of Trade Unions, Hyderabad (Twin Cities) on 28-09-2005 6. Amendments approved by Registrar of Trade Unions, Hyderabad (Twin Cities) on 16-11-2007 7. Amendments approved by Registrar of Trade Unions, Hyderabad (Twin Cities) on 10.08.201 ----------------------------------------------------------------------------------------------- Andhra Pradesh Union of Working Journalists (APUWJ) Regd.No.B-451 (Affiliated to Indian Journalists Union (IJU), New Delhi) 5-9-60/B, Deshoddharaka Bhavan, Fateh Maidan Hyderabad – 500 001 Tel/fax: 040- 23232660/23234707 Website: apuwj.org
Posted on: Sun, 04 Aug 2013 18:51:39 +0000
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