CONSTITUTION AND RULES OF LABOUR PROGRESSIVE FEDERATION KERALA STATE (LPF)
1.Name and Address
- The name of the union shall be Labour Progressive Federation Kerala State (LPF)
- The address of the Union office shall be EI Mandiram, Kattakkodu PO, Kattakkada, Thiruvananthapuram - 695572. Any change in the address of the office shall be notified to the concerned authorities from time to time.
2.Objects of the Union shall be in Accordance with the Trade Unions Act, 1926.
- The main object of the union is to organize Building workers, Tailoring workers, Drivers, Health workers, Quarry workers, Weaving workers, Govt. employees and other labours.to secure them fair, just and reasonable condition of work and life and to promote their well-being by all peaceful, legitimate and constitutional methods.
- To regulate the relations between the members and the employers.
- To render help to the members by constitutional methods.
- To endeavor to redress their grievances.
- To provide real life to members against sickness, unemployment, and death.
- To organize medical relief, maternity and child welfare and promote the ideals to health and better living.
- To endeavor to settle disputes between the members and their employers.
- To secure various Governmental benefits to the members.
- To promote among the workers habits of thrift, temperance and cooperation and organize social insurance and co-operative societies.
- To promote opportunities for educational and cultural development of members and their leisure by organizing and conducting schools, reading rooms, libraries, publications, recreations, sports, entertainment’s, adults education classes, cultural program etc.
- To co-operate deliberate and associate with Organization of workers having similar objects.
- To seek legislative redressals, work and lobby for amendments in the existing laws and enacting of new legislations to provide social security and labour welfare.
3.Membership
- Every Men and Women who has attained the age of 18 years and agrees to abide by the rules and regulations of the Union and to pay the prescribed monthly fee of Rs. 10/- and an admission fee of Rs. 50/- shall be entitled to become a member.
- A list of all members of the union shall be maintained and shall be open for inspection by the members and the office bearers of the union between 6 to 8 p.m. provided a seven days’ notice is given for such inspection.
- Honorary Members: Subject to the provisions of section 22 of the Indian Trade Unions Act and General Body of the Union may admit Honorary Members who are not actively engaged or employed in the Institution. Such Honorary members shall be held office until they resign their membership or removed by the General Body as per rules.
4.Benefits and Forfeitures:
- No members of the union is in arrears of his/her monthly subscription for a consecutive period of 3 months shall not be entitled to any of the benefits assured by the Rules of the union.
- Any member of the union entitled to any of the benefits conferred by the union under its Rules may make an application in writing, claiming such benefits to the General Secretary of the Union, who shall forthwith place it before the Executive Committee, the applicant shall have the right to appeal to the General Body of the Union, whose decision shall be final.
- With reference to the financial position of the union, the Executive Committee shall decide from time to time the benefits to be given to the members. A member shall be entitled to the benefits of the only if he has been a member for at least six months and he has paid his subscriptions to the union up to date.
- Any office-bearer or member of the union found working against the interest of the union may be removed from the union or otherwise punished on a resolution to that effect passed by Executive Committee meeting of the union held for the purpose of which at least one half of the members of the union are present and at least 60% that of those present vote in favor of the resolution, provided that the members or office bearer concerned is given adequate prior notice of the action proposed to be taken against him.
- If a member goes on strike without the sanction of the union, he shall not be entitled to any benefits from the union from the date on which he has so struck work. This is in addition to any other penalty which may be imposed on him under the previous rule.
5.Funds and Objects for which Funds may be spent:
- If a member goes on strike without the sanction of the union, he shall not be entitled to any benefits from the union from the date on which he has so struck work. This is in addition to any other penalty which may be imposed on him under the previous rule.
- Funds shall constitute of subscription collected, special levies not otherwise year-marked, donations and income through other activities of the union shall be the funds. Subject to the provisions of section 13 of the Indian Trade Unions Act, 1926 for the present and later subject to such law as may be enacted in this behalf and subject to the sanction of the Executive Committee and General Body of this union and not in consistent with the aims of the union.
- The custody of the funds shall be in the Executive Committee of the union. The Treasurer shall maintain all accounts of the union for all the money received and spent along with duly signed vouchers and receipts. He shall open an account with a Nationalized Bank, or a co-operative Bank selected by the Executive Committee and deposit all money received in the bank. All expenditure incurred by the union shall be authorized by the president, general secretary, and treasurer or in the absence of one of these, any member of the Executive Committee, may however be authorized to operate. An impress amount not exceeding Rs.25000/- to be kept with the General Secretary for which accounts shall be submitted at the end of every month.
6.Inspection of Account Books:
- The Account Books of the union shall be open for inspection by the members of the union, provided a notice of seven days is given to the Treasurer.
7.Amendments
- The constitution of the union may be changed or amended or rewritten only by a three-fourth majority vote of the General Body where due notice of such change has been given in the agenda provided at least half the members of the union are present in such a General Body. No additions or alternations shall be made in contravention of the provisions of the Indian Trade Unions Act 1926 or any appropriate legislation that might be brought into force. The Executive Committee may frame by laws such bye-laws shall be approved by the General Body.
8.Audit:
- The Annual Accounts of the union shall be audited by the Chartered Accountant approved by the Executive Committee who shall not be a member of the union and shall be presented by the Executive Committee for adoption at the Annual General Body Meeting of the union.
9.Organisational Structure:
The affairs of the union shall be managed by a Executive Committee of not more than 17 and not less than 8 including the following office bearers.
a. President
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b. Vice President
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c. General Secretary
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d. Joint Secretary
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e. Treasurer
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f. Executive Members
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10.Legal Adviser:
A post of the legal adviser shall be created, if necessary, by the Executive Committee to advise and guide the union in regard to questions involving constitutional and legal aspects.
The conditions of appointment of the incumbent for the post may be decided by the Executive Committee of the Union. The incumbent appointed in the post of legal adviser is entitled to participants in the meeting of the Union, but he will have no right to vote or to contest the elections.
11.Elections:
- The office bearers and executive committee members of the union shall be elected directly by the members of the union.
- The election shall be held once in five years and will be conducted as per the model election rules of Trade Unions published under notification No.LS 2067/LW 201-57-6 dated 18-07-53.
- The members so selected shall be held office until the next elections. They shall be eligible to stand for re-election unless disqualification by the union by following the proper procedure thereof.
12.Casual Vacancies:
Any vacancies in the Executive Committee occurring between two General Elections of the union shall be filled by the remaining members of the Executive Committee, provided that not more than one third of the total number of members of the committee shall be co-opted in any period between two elections and such members shall hold office till the next General Elections.
13.Meetings
The Executive Committee shall meet at least once in two months to scrutinize the report of the activities of the union, statement of accounts, to draw up the program of work, to consider all the matter pertaining to the union. Any member of the Executive Committee who does not attend committee continuously for more than three meetings shall cease to be a member of the committee.
14.Removal from office
“Any member of the union shall be removed from the membership for a specific period by the Executive Committee after due notice to the member. Such members shall have a right to appeal against the action taken to the General Secretary.”
15.Notice of Meetings:
Notice of every meeting of the committee with the agenda thereof shall be sent to the members of the committee by the General Secretary at least five days prior to the meetings. Special or Emergency meetings of the committees may be conveyed with a day’s notice.
16.Functions of the Office Bearers
A.President and Vice President:
The President and in his absence the Vice President, shall preside over and guide the proceeding of the Executive Committee in the absence of both, the meeting will elect its own President. The President and Vice President shall also supervise the work of the Union giving directions with the decisions of the General Body and Executive Committee and in furtherance of the objects of the Unions.
B.General Secretary:
The General Secretary shall be in charge of the day-today activities of the union, transaction of all official business, writing the minutes of the proceedings and keep all records, pertaining to the union. In all his work, he shall carry out the decisions of the General Body and the Executive Committee with the direction and guidance of the President and the Vice President.
C.The Joint Secretary:
The Joint Secretary shall assist the General Secretary in his duties and perform the duties of the General Secretary during his absence with due written permission either from the President or Vice President.
D.Treasurer:
The Treasurer shall maintain the accounts of the union for all the money received and spent along with duly signed receipts and vouchers. He shall open an account with a Bank approved by the Executive Committee and shall be generally responsible for the accounts of the Union.
17.General Body:
The General Body shall consist of all members of the union.
A.Annual Meetings:
The Annual meetings of the General Body shall ordinarily be held in the month of December for adopting the audited statement of accounts of the union and the Annual Report of its.
B.Special Meeting:
The special meetings of the General Body shall be convened by the president on his own or on a requisition signed by not less than one fourth of the members of the union to consider any specified agenda, if the president fails or refuses to convene a meeting on a requisition within 15 days from the date of receipt of the requisition the Vice-President or Genl. Secretary or any other Office Bearers of the union shall convene the meeting by following the procedures laid down in these rules.
C.Notice of Meetings:
In case of annual and half yearly meetings, a week’s notice shall be given and in the case of special meetings three days, such notice shall be posted at the premises of the union and also circulated amongst the members with the agenda thereof.
D.Quorum for Meetings:
The quorum for all meetings of the General Body shall be at least two third of the members on the rolls of the union and signature shall be taken in a register maintained for the purpose of all the members attending such meetings.
18.Strikes
- No members of the union shall strike without the permission and specific direction of the Executive Committee of the union and any member contrivance this rule shall be subject to such disciplinary action as may be decided by the Executive Committee.
- The Executive Committee of the union alone shall have the power to call for the conduct of a strike and such action shall be taken by the Executive Committee only after exploring all other possible avenues for the settlement of disputes between the union and the undertaking in which the members are employed. In accordance with the provisions made and procedure laid down by the Indian Trade Union Act 1926 the Industrial Disputes Act, and such other laws as may be framed by the Government from time to time and in particular no strike shall be called upon unless seventy-five percent of the members of the union have declared themselves in favor of the strike.
19.Rules and Interpretations
A member desiring to ask any question in the General Body Meeting shall furnish a copy of the question which he wishes to ask, one day before the meeting is fixed. Questions which do not relate directly to the affairs and objects of the union shall not be permitted. No discussion shall be permitted in respect of any reply to a question. The General Secretary shall take the final decision by using his discretion.
20.Legal Proceedings
The Union is liable to sue and be sued in its name. The General Secretary shall represent the union in all legal proceedings.
21.Official Year
The Official year of the union shall be form 1st January to 31st December of a calendar year.
22.Outsiders / Invitees
On a special occasion co-operative and support of organizations other than members may be invited at the direction of the Executive Committee but such invitees shall not have any power to cast a vote, in the event of the division by voting.
23.Party
The Labour Progressive Federation Kerala State (LPF) is a trade union federation in India. The LPF is politically attached to Dravida Munnetra Kazhakam (DMK).
24.Dissolution
- The Union may be dissolved by the General Body specially convened for the purpose and attended by not less than seventy-five percent of the total number of members and voted for by not less than sixty percent of the total number of members on the rolls of the Union.
- The manner in which the assets of the Union are to be distributed in the event of Dissolution of the Union shall be decided by the General Body of the Union.
- The dissolution of the union shall take effect from the date of its approval by the Registrar of Trade Unions in Thiruvananthapuram or the authorities subordinate to him and competent to approve of the same.