Constitution of All India Trinamool Congress-1998

Constitution of All India Trinamool Congress

Trinamool Congress was established on January 1, 1998.

Edition- 2014 

AIM

Article I
The aim of the Party shall be to make all-round development of India in the political, economic, industrial, social, cultural, agricultural sectors and to establish India as a global power keeping in view the multi-lingual, multi-faceted, multi-ethnic, rich culture and heritage of India.

Objective

Article II
The objective of the Party shall be

(a) To uphold and adhere, with true faith and allegiance, to the Constitution of India as by law established.
(b) To uphold and work for the furtherance of the principles of Nationalism, Socialism, Secularism and Democracy.
(c) To eradicate illiteracy, poverty and injustice and cause upliftment of the downtrodden by ensuring social equality, awakening of the masses by peaceful means, movement and participation in the lawful electoral process.

(A) Allegiance to the Constitution of India

The All India Trinamool Congress bears true faith and allegiance to the Constitution of India as by law established and to the principles of socialism, secularism and democracy and would uphold the sovereignty, unity and integrity of India.

(B) Party Flag

The Flag of the All India Trinamool Congress shall consist of three horizontal colours: saffron, white and green with the picture of a symbol of “Flowers and Grass” in blue in the centre. It shall be made of certified khadi.

Name

Article III
The name of the Party shall be the ALL INDIA TRINAMOOL CONGRESS. The Party shall have its own flag, logo, symbol and its National Headquarters at such place as the Party shall deem fit and proper. The Pradesh Trinamool Congress Committee shall ordinarily be constituted in the Pradeshes named below with the headquarters mentioned against each.

(A) Constituents

The All India Trinamool Congress will include the plenary and special sessions of the Congress and,
(i) The All India Trinamool Congress Committee
(ii) The Working Committee
(iii) Pradesh Trinamool Congress Committee
(iv) District Trinamool Congress Committee
(v) Committees subordinate to the District Trinamool Congress Committees like Part / Booth / Ward / Anchal / Town / Block / Constituency Committees to be determined by the Pradesh Trinamool Congress Committees concerned.

(B) The Territorial Trinamool Congress shall be constituted in the territories named below within Head Quarters mentioned against each.

MEMBERSHIP

Article IV
The membership of the Party shall comprise of:

(a) Grassroot members enrolled under Article V hereof
(b) Office Bearers and members of the Executive Committee of every Part / Booth, Polling Station / Town / Block / Assembly / District / State Committees / National Working Committee and on any other local committees and Associate organisations in whatever name they are called owing allegiance to the Party elected under Article VII hereof.
(c) Office Bearers and members of the State Working Committees of the Party.

ENROLMENT OF GRASSROOT (PRIMARY) MEMBER & PROCEDURE THEREOF

Article V
(a) Any person who has completed his 18th birthday on the 1st day of January of the relevant year and who believes in the aim and object of the Party mentioned in Article I & II hereof shall be eligible to become grassroot member of the Party provided that his/her name is duly recorded in the voter’s list of that part/booth where he / she is ordinarily the resident.
(b) Any person who is eligible to be a member of the Party in terms of clause (a) hereof shall apply in the prescribed form.
(c) Upon completion and filling-up the prescribed form mentioned in clause (b) hereof, the intending member shall pay a sum of Rs 5/- (five) only (non-refundable) along with two copies of the prescribed form as aforesaid to the Receiving Officials appointed for the purpose.
(d) Upon receipt of the said amount of Rs 5/- (five) only and the two copies of completed application form the Receiving Official shall acknowledge receipt of same in the 2nd copy and handover the same to the applicant.
(e) The receiving official shall maintain a register showing the date, name and amount received from the intending number. The receiving official shall endorse the serial number of the intending member in the register on the said second copy handed over to the member. The application may be handed over personally or through a duly authorised representative of intending members.
(f) The term of membership, shall be from 1st of January of the year or from the date of enrolment of a member up to 31st December of the very year.
(g) The said second copy duly receipted as aforesaid shall be treated for all purposes as Certificate of Grassroot Membership of such
applicant. Provided always the State Executive or such person as may be duly authorised by the National Working Committee shall have full authority to refuse / reject / cancel such membership application duly recording the reasons thereof and in such case the said sum of Rs 5/- shall be forfeited. The reason will be communicated to the applicant, if so asked for in writing.
(h) Permanent Register of members within their jurisdiction shall be maintained by every Block / Constituency and District Trinamool Congress Committee with copies to the Pradesh Trinamool Congress Committee, as per prescribed rules.

RENEWAL OF MEMBERSHIP
Article VI
All Grassroot members, shall renew their membership every year upon payment of a sum of Rs 5/- for which a receipt shall be granted on the said second copy by the receiving official of the unit of which the said primary member is a member.

In the event of failure to renew his membership on or before 31st December every year (or within such extended time as may be notified) the name of the said grassroot member shall be deemed to be struck off the Register of Member and there upon automatically the member shall cease to be a member of the Party.

Separate Registers of all such members and votes shall be maintained at all the units of the Party and the State Level and shall be made up to date by 30th June every year. Such Registers of members shall remain in charge of the General Secretary in charge of membership.

RIGHT TO VOTE
Article VIII
A grassroot member shall be entitled to contest the election of office bearers of the Executive Committee of the part / booth / polling station / Town / Block / Assembly / District / State Executive / National Working Committee.

MEMBERSHIP

Article IV
The membership of the Party shall comprise of:

(a) Grassroot members enrolled under Article V hereof
(b) Office Bearers and members of the Executive Committee of every Part / Booth, Polling Station / Town / Block / Assembly / District / State Committees / National Working Committee and on any other local committees and Associate organisations in whatever name they are called owing allegiance to the Party elected under Article VII hereof.
(c) Office Bearers and members of the State Working Committees of the Party.

MEMBER OF OFFICE BEARERS OF THE NATIONAL WORKING COMMITTEE & STATE EXECUTIVE COMMITTEE
Article VIII
The day to day work, administration, function to implement the aim, policies, programme and movement of the party shall be looked after the executive committee of the party in aforesaid structure as the case be with the following minimum number of members. State Executive Committee shall be entitled to increase the numbers of its office bearers up to the Block level depending upon the exigencies of the situation. National Working Committee shall be entitled to increase the number of office bearers of State Executive Committee according to the exigencies of the situation.

(a) For Part / Booth / Polling Station – at least 7 members
(b) For Ward / Anchal – at least 7 members
(c) For Town / Block – at least 15 members
(d) For Assembly Constituency 1 President and No. of members will depend upon the administrative jurisdiction of the Assembly. One from each Town / Block + Ex -Officer is member.
(e) For District – at least 21 members
(f) State Executive – at least 21members
(g) National Working Committee consisting of 20 members
(h) AITC – No. of Office bearers are to be determined by Chairman / Chairperson.

ELECTION OF OFFICE BEARERS TO EXECUTIVE COMMITTEE

Article IX

(a) POLLING BOOTH
Voter members of the respective booth shall form a collective electoral college shall elect the office bearers of the polling booth committees. Unless such election by unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith.
(b) WARD / ANCHAL
Voter members of the respective Ward / Anchal Committee shall collectively form an electoral college. The members of the said electoral college shall elect the office bearers of the Ward / Anchal Committee. Unless the election be unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith.
(c) TOWN / BLOCK
Voter members of the respective Town / Block Committee shall form collectively an electoral college. The members of the said electoral college shall elect the office bearers of the polling booth committee. Unless the election be unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. The said electoral college shall also elect one member (he / she may not be from that Town / Block) for representing the concerned Town / Block in the parent body of the State. The said electoral college shall also elect another 4 (four) members being voter members within the Town / Block to the concerned District Committee. The electoral college shall also elect one member apart from the President of Town / Block Committee for the purpose of representing the Assembly Constituency Committee. The President of the Town / Block Committee shall be the Ex-Officio member of the Assembly Constituency.

(d) ASSEMBLY CONSTITUENCY COMMITTEE
The elected members from the Town / Block Committees along with the Ex-Officio member for the purpose of representing the Assembly Constituency Committees shall collectively form an electoral college. The members of the said electoral college shall elect the office bearers of the Assembly Constituency Committee. Unless the election be unanimous, the vote shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. It is also pertinent to mention that any voter member from the State may contest for the post of president of the Assembly Constituency Committee. But in that case, the concerned contesting candidate will not have any voting right in the election of the President of the said Assembly Constituency Committee.

(e) DISTRICT COMMITTEE
The elected members of the Town / Block for the purpose of representing the District Committee will collectively form an electoral college. The members of the said electoral college shall elect the office bearers of the District Committee. Unless the election be unanimous, the votes shall be taken by secret ballot. The election shall be on the basis of a simple majority of votes received by the contesting candidates and the results will be announced forthwith. The President of the Assembly segment within the concerned district will be as an Ex-Officio Secretariat member of the District committee.

(f) STATE EXECUTIVE COMMITTEE
The elected members from the different Town / Block Committees for the purpose of representing the State parent body will collectively form an electoral college. The members shall elect office bearers of the State Executive Committee. Unless the election be unanimous, the votes shall be on the basis of the simple majority of votes received by the contesting candidates and the results will be announced forthwith. The District President will always be the Ex-Officio Secretariat Member of the State Executive Committee. But, in case of any policy making decision the said Ex-Officio member shall not have any voting right, other than election of office bearers of the State Executive Committee.

Article IX contd.

A) Of the 7 (seven) members of the respective State electoral college, 1 (one) will be treated as a member of the AITC. Any voter member (he may not be a member of the said electoral college) may contest for the AITC. But, in that case, he will have to secure the support from 8 (eight) members of the said electoral college. Parliamentary Party, Legislative Party & Councillors Party of any Metropolitan city will be treated as a State electoral college. All MPs are Ex-Office members of the AITC. Every 7 MLAs are entitled to elect one member for the AITC in case of Corporator, 14 Corporators are entitled to elect one member of AITC.

B) The elected members from different States for the AITC will collectively form an electoral college. That electoral college will elect another 9 (nine) members for the purpose to form working committee. However, in the event of Election the voting shall be by secret ballot. It is pertinent to mention also that in case of a State on which our Party is not treated as a recognised State Party, by the Election Commission, the said elected members from the concerned State shall not be eligible for membership of AITC. Each member of the said electoral college shall have 10 (ten) votes.

C) Every member of the AITC shall pay an annual subscription of Rs 200/- and shall obtain a receipt thereof.

TRINAMOOL CONGRESS SESSION
Article X

(a) A Session of the Trinamool Congress shall ordinarily be held once in three years at the time and place decided upon by the Working Committee or the AITC, as the case may be called Plenary Session.
(b) A Session of the Trinamool Congress shall be held incase the AITC so decides to be called as Special Session.
(c) The District Trinamool Congress Committee in whose jurisdiction the Session is held, shall make such arrangement for holding the Trinamool Congress Session as be deemed necessary, and for the purpose shall form a preparatory Committee President of such District Trinamool Congress Committee will be the Ex-Officio Chairman of the Preparatory Committee and other office bearers from among its own members.
(d) In case there is any elected Legislator in the area in which the Session will be held than he will be declared as the Chairman of the Reception Committee. Incase the Local Municipality / Corporation is being run by the Party, then the Municipal Chairman shall be the Ex-Officio convener of the Reception Committee. However, if there is no Legislature or Municipality then no Reception Committee will be formed.
(e) The Preparatory Committee shall collect funds for the expenses of the Session and shall make all necessary arrangements for the reception and accommodation of delegates, it may also make necessary arrangements for the visitors.
(f) The receipts and disbursements of the Preparatory Committee shall be audited by an auditor or auditors appointed by the Pradesh Trinamool Congress Committee, and the Statement of Accounts together with the audit report shall be submitted by the Pradesh Trinamool Congress Committee to the Working Committee within six months of the conclusion of the Session.

POWER AND FUNCTIONS OF THE CHAIRMAN / CHAIRPERSON

Article XI (A)
(i) The Chairman / Chairperson shall be the Supreme of the Association Body.
(ii) The Chairman / Chairperson shall co-opt 10 (ten) persons in National Working Committee who shall have their full voting right for one year, tenure of the member may be extended.
(iii) The Chairman / Chairperson shall have the power to decide the National Agenda for all purposes, i.e. economic, social and political including election under the Election Commission of India.
(iv) The Chairman / Chairperson may constitute a new Pradesh, abolish an existing Pradesh / District merge with any existing Pradesh into one of assign to a Pradesh a District and / or portion or portions of Districts from any other Pradesh.
(v) The Chairman / Chairperson of the National Working Committee is authorised to appoint 1 (one) Returning Officer for the National Body and 1 (one) Returning Officer for the Pradesh for holding Party elections.
(vi) The Respective Pradesh Returning Officer shall appoint the District Returning Officers and the Block Returning Officers.
(vii) The Returning Officer and the Pradesh Returning Officer will not be able to contest in any election at any tier of the organisation and will also not be co-opted in any tier by any body for six month.

POWER AND FUNCTIONS OF THE GENERAL SECRETARY & JOINT SECRETARY

Article XI (B)

Each General Secretary shall discharge his duties as per the directives of the Chairperson. Each Joint Secretary shall assist the General Secretary.

General Secretary / Joint Secretary may be appointed from outside of the National Working Committee members (provided active member of any State) by the Chairperson. But in that case, they shall have no voting right in the Working Committee.

FUNCTION OF THE TREASURER

Article XI (C)
The Treasurer shall be in-charge of the funds of the association / body and shall maintain all expenditure and income of the organisation. The Treasurer shall always be a member of the National Working Committee.

DONATION AND SUBSCRIPTION

(a) The State Executive Committee shall be entitled to accept donation from donors willing to donate by account payee cheque or bank draft in the name of the respective concerned Pradesh Trinamool Congress Committee. All money including donation, membership subscription and renewal fees shall be deposited in such Bank Account to be operated by such member as may be decided by the resolution of the Respective / concerned State Executive Committee. But before opening any Bank Account, prior approval must be taken from the National Working Committee in writing.
(b) Each District Executive Committee shall contribute such sums out of the subscription and donations received by it to the State Executive Committee as may be mutually determined by the District Executive Committees and State Executive Committee from time to time. Each State Executive Committee shall grant and handover such funds as it thinks fit to the executive Committee of the other tiers of the Party earmarking the same for distribution upto the grassroots level for spending the same for party and other social help to the people. All donations of any kind shall be received and accepted only at the State level. No donations of any kind shall be accepted at any other unit their without the prior approval of the State Executive Committee in writing. Donation does not include subscriptions given by the members.

FUNCTIONS OF THE NATIONAL WORKING COMMITTEE
Article XIII

(a) The National Working Committee shall consist of the Chairman / Chairperson of the Trinamool Congress and 19 other members of whom 9 members will be elected by the AITC, as per rules prescribed by the National Working Committee and the rest shall be appointed by the Chairman / Chairperson. Leader of the Parliamentary Party and all leaders of Legislator Parties in the respective states will be ex -officio members of National Working Committee with full voting right. The Chairman / Chairperson shall appoint a treasurer and one or more General Secretaries from amongst the members of the National Working Committee. The Chairman / Chairperson will have power to appoint one or more Secretaries / Joint Secretaries from elected members of the AITC. The Secretaries / Joint Secretaries will discharge the duties as may be assigned to them by the Chairman / Chairperson. Ordinarily members of the National Working Committee will be appointed from amongst the members of the AITC but in special cases, delegates who are not members of the AITC may be appointed ; provided however that a delegate so appointed shall cease to be a member of the National Working Committee if he is not elected as member of the AITC within six months of his appointment.
(b) The quorum for a meeting of the Working Committee shall be seven.
(c) The National Working Committee shall be the highest executive authority of the Trinamool Congress and shall have the power to carry out the policies and programmes laid down by the Trinamool Congress and y the AITC and shall be responsible to the AITC. It shall be the final authority in all matters regarding interpretation and application of the provisions of this Constitution.
(d) The Working Committee shall place before every meeting of the AITC a report of the proceedings of the previous meeting of the AITC and also the agenda of the business for the meeting and shall allot time for non-official resolutions of which due notice may have been given by the members of the AITC in accordance with rules prescribed in that behalf.
(e) The Working Committee may appoint one or more auditors or inspectors of other officers to examine the records, papers and account books of all committees and organisaitons. It shall be incumbent on all such committees and organisation to furnish all the required information to the auditors, inspectors or other officers and to give them access to all offices, accounts and other records.
(f) The Working Committee shall have the power :
(i) to frame rules for the proper working of the organisation. Such rules shall, as early as possible, be placed for the consideration of the AITC.
(ii) To issue instructions not inconsistent with the Constitution and frame rules in all matters not otherwise provided for
(iii) To superintendent, direct and control all Pradesh Trinamool Congress Committees and Subordinate Committees as well as the Reception Committees.
(iv) To take such disciplinary action as it may deem fit against a Committee other than the AITC or an individual.
(v) The Working Committee shall have the accounts of the AITC audited annually by an auditor or auditors appointed by the AITC every year.
(g) The working Committee shall fix the date by which the formation of Subordinate, District, Pradesh and All India Trinamool Congress shall be completed.
(h) The Working Committee shall constitute a Trust for holding immovable properties belonging to the All India Trinamool Congress. The Board of Trustees of the said Trust shall be appointed by the Working Committee and shall comprise of not less than five nor more than nine Trustees including the Chairman and the other ex -officio trustees. The Chairman / Chairperson of the Trinamool Congress shall be Chairman (Ex-Officio) of the Trust and the Treasurer of the AITC and the General Secretary in charge of Administration of AITC shall be ex -officio members of the Board. The term of the members of the Board of Trustees other than the Chairman and the other two other ex -officio Trustees shall be three years. The properties shall be held in the name of the said Trust and if that be not possible in a certain case / cases, then in such manner as directed by the Working Committee.
(i) To meet any special situation the National Working Committee shall have the power to take such action in the interest of the Trinamool Congress as it may deem fit, provided however that if any action is taken which is beyond the power of the National Working Committee as defined in this Constitution, it shall be submitted as early as possible to the AITC for ratification but not later than six months.
(j) The office bearers of the State Executive Committee shall perform all such duties as may be assigned to each of them by the Executive Committee.

FUNCTIONS OF THE STATE EXECUTIVE COMMITTEE

Article XIV
(a) The State Executive Committee will plan, co-ordinate, organise, give publicity and orchestrate the aim, object, policies, and strategy of the Party and shall be overall in charge of the Party,
(b) All Resolutions passed in the Session of the AITC shall be binding on all the units of the Party.
(c) The State Executive Committee shall hold an annual general meeting (AGM) every year at a venue and time it thinks fit and proper.
(d) All members elected for the parent body by the Town / Block Committee of that State shall be entitled to attend and vote at the Annual General Meeting (AGM). Each member shall have 1 (one) vote provided his subscription has been paid up to date with all arrears, if any.

AUDIT AND ACCOUNTABILITY
Article XV
(a) Each unit of the Party shall cause the accounts of the Party to be maintained on receipts and expenses basis and get the same audited every year within 30th June of the next year. A copy of the audited accounts or summary thereof shall be sent to the National Working Committee within 31st August of every year.
(b) Executive Committee of the lower tiers shall maintain regular books of account on receipts and expense basis and get the same audited by Chartered Accountant every year within 30th September of the next year.
(c) The National Working Committee shall maintain books of accounts of receipts and expenses and get the same audited by a Chartered Accountant every year within 31st December of the next year. It shall be the duty of the National Working Committee to fill in the Income Tax, Wealth Tax and Election Commission Returns whenever necessary under the law of the land.

MAIN ASSOCIATE ORGANS OF THE PARTY
Article XVI

The main bodies or organs of the Party shall comprise of the following :

(a) Trinamool Trade Union Congress
(b) Trinamool Youth Congress
(c) Trinamool Kishan Congress
(d) Trinamool Minority Congress
(e) Trinamool Sarkari Karmachari Congress
(f) Trinamool Teachers Congress
(g) Trinamool Students Congress
(h) Trinamool Mazdoor Congress for organised labour
(i) Trinamool Mahila Congress
(j) Trinamool Congress Legal Cell
(k) Trinamool Congress SC / ST & OBC Cell
(l) Trinamool Congress Medical Cell
(m) Trinamool Congress Sports Cell
(n) Trinamool Congress Publicity Cell
(o) Trinamool Congress Parliamentary Party
(p) Trinamool Congress Cultural Cell
(q) Trinamool Congress Legislative Party
(r) Trinamool Congress Councilors Party
(s) Trinamool Congress Economic Cell Members of the aforesaid bodies of the party except Trinamool Student Congress must and shall be member of the Party. These bodies shall be governed by Party Rules and Regulations framed by the State Executive Committee. Members of Trinamool Student Congress shall be exempted from the age restriction stated in Article V (a) hereof.

GENERAL PROVISIONS NOTWITHSTANDING ANYTHING HEREIN ABOVE CONTAINED

Article XVII
(a) The Treasurer of each unit shall be in-charge of the funds of the Party and shall be responsible for keeping proper accounts of the investments, income and expenditure.
(b) The General Secretaries of the units shall be in charge of day to day working and administration of the unit and shall be responsible and answerable to the President and Vice President of the Unit of the Party.
(c) Unless the situation demands otherwise the General Secretaries of the Unit shall sign all letters and Correspondences.
(d) The General Secretaries of the Unit shall monitor, inspect office bearers of the Unit and shall forthwith report to the State Executive Committee about death, resignation and prolonged absence of a member from India and take appropriate steps accordingly in consultation with the State.

POWER OF SUSPENSION OF COMMITTEE

Article XVIII
The National Working Committee in appropriate cases, if it deems fit and proper, shall have the power to suspend any State Executive Committee up to the Block level and direct for holding of elections for constituting a fresh State Committee. Once selected, the Committee shall hold office for 5 (Five) years. Upon supercession of an Executive Committee of an unit up to Zilla level, the State Executive Committee shall intimate such facts forthwith to the National Working Committee.

POWER TO FORM COMMITTEES OR CELLS

Article XIX
For smooth functioning of the Party the District Executive Committee and State Executive Committee and all other units with the approval of the National Committees form cells if it may deem fit and proper.

POWER TO AMEND

Article XX
This Constitution can be amended, altered and rescinded at the Session of AITC by two third majority of the members present and voting in such Sessions. All other resolutions in the Session shall be passed by a simple majority.

The Resolution for altering, amending and rescinding this Constitution must be given 30 (thirty) days before holding of the annual general meeting at the office of the National Working Committee in writing.

RULE MAKING POWER

Article XI
(a) The National Working Committee shall have power to frame rules, regulations for the units, associate bodies, issue instructions for proper working of the Constitution holding of election every 5 years, holding of Annual General Meeting and in all matters not otherwise provided for.
(b) To superintend, direct and control all units of the Party.
(c) To take such disciplinary action as it may deem fit against any committee or individual for misconduct, willful neglect or default and from a committee therefore.
(d) The terms of reference of the Disciplinary Committee so constituted by the National Working Committee may be altered / modified from time to time as may be deemed fit by the National Committee.
(e) Detail procedures of the Disciplinary Committee for conducting enquiry shall be drafted by the members of the Disciplinary Committee subject to approval of the National Working Committee.

RULES

(Constitution as amended on 9th August, 1998) In exercise of the powers conferred by Article XXI of the Party Constitution, the National Working Committee makes the following Rules for conduct of the functions entrusted with the various units and associate bodies.

RULE 1.
Short title, Commencement and application:
(i) These Rules may be called All India Trinamool Congress Party Rules, 2000.
(ii) They shall come into force from the 1st June, 2000.
(iii) They shall, unless otherwise provided in the rules, be applicable to State, District Assembly (Town / Block), Ward / Anchal levels and also Part / Booth levels.

RULE 2.
The State Executive Committee, the District Committees, the Assembly Committees, the Town / Block Committees, the Ward / Anchal Committees and the Part / Booth / Polling Station Committees will abide by the Constitution in letter as well as in spirit.

RULE 3.
The number of members and office-bearers of the Committees will be as specified in Article VII of the Constitution. The National Working Committee shall have the power to amend it in keeping with the development from time to time.

RULE 4.
The procedure for enrolment of Grass Root (Primary) member is as specified in the Article V of the Constitution. For the entitlement to vote and to contest election a grass root (Primary) member will have to satisfy the condition that he / she was enrolled at least 20 (twenty) grass root members including himself / herself of the same booth of which he / she is such a member. The condition of entitlement extends to elections of office bearers of the committees mentioned in Rule 2. This will also apply Mutatis Mutandis to the election of the National Working Committee.

RULE 5.

The State Executive Committee, which has tenure of Five years, will hold election every Five years and will ensure proper functioning according to the Constitution, hold annual general meetings and keep the National Committee fully appraised of the actions taken in all organisational matters.

RULE 6.

DISCIPLINARY RULES

(i) Disciplinary Committee appointed by the National Working Committee has all powers of investigation / enquiry of complaints against a member / unit and recommendation of final disciplinary action on such member / unit delegated on it by the National Working Committee. Disciplinary Committee may suspend or show cause against concerned member / unit pending enquiry. If the situation merit, such a course of action in the opinion of Disciplinary Committee.
(ii) The State Executive Committee will be responsible for maintaining discipline in the units in the sub-state levels. In the case of any indiscipline, misconduct or anti-party activity noticed by the State Executive Committee, it shall take such disciplinary actions against the erring committee or individual member as are deemed proper.
(iii) The State Committee may form a sub-committee for the purposes of clause (ii) above. The sub Committee shall cause an enquiry into the matter and may suspend the member concerned pending enquiry, if the situation, merits such a course of action depending upon the gravity of the allegation.
(iv) The State committee shall also bring to the notice of the National Working Committee any instance of indiscipline, misconduct or anti-party activity of any member of the National Working Committee with appropriate recommendations.
(v) On receipt of any recommendation in cases covered by clause (iii) above, the National Committee shall deliberate upon the matter, and if it be so decided. Shall cause an enquiry into the matter and the member concerned may be suspended pending enquiry, if the situation merits such a course of action depending upon the gravity of the allegation / office. The National Committee may set up a sub-committee other than Disciplinary Committee for the enquiry into the matter and to recommend to the National Working Committee for the action.
(vi) The findings of the sub-committee will then be placed before the National Working Committee for such action as is deemed proper.
(vii) The decision of the National Committee will be final and binding.

(a) Breach of Discipline: Breach of Discipline includes the following:-
(i) Deliberately acting or carrying on propaganda against the programmes and decisions of the Party. (ii) Deliberately disregarding rules or disobeying orders passed by any competent authority.
(iii) Indulging in fraudulent action relating to party funds, enrolment of members or election Committees.
(iv) Being guilty of offences, involving moral turpitude, black marketing, adulteration, bribery, corruption, forgery embezzlement of Party funds.
(v) Deliberately acting in a way calculated to lower the prestige of the Party or carrying on propaganda against any party functionary / unit with an intent to malign the victim.

(b) Notices:
(i) Notice can be issued at the instance of the President of the Committee, competent to take disciplinary action, provided that he/ she feels there is a prima facie breach of discipline against the Committee or person concerned.
(ii) No final disciplinary action shall be taken without an opportunity being given, to an individual concerned, to explain its or his / her case and answer such charges as are made against it or him / her.
(iii) However, no Notice is required for Suspension pending enquiry.
(c)
Appeal: Any member dissatisfied with the decision of the Disciplinary Committee may make an appeal to the Chairman / Chairperson for redress of his / her proposed punishment. The decision of the Chairman / Chairperson is final .

RULE 7.
In case of any ad-hoc appointment in organisation level, power lies as under:
(i) In case of abolishment of an existing Pradesh / District specified in Article XI (a) (iv) Chairman / Chairperson AITC shall have the power to appoint ad-hoc State Executive Committee / District President
(ii) State President have power to appoint ad-hoc District Executive Committee Block / Town President for the purpose of clause (1) above

RULE 8. UNDER ARTICLE V – MEMBERSHIP FORMS:

1. All India Trinamool Congress will authorise to the Pradesh Trinamool Congress Committee to print Membership Forms. But the PTC Executive Committee may authorise DTCs in writing to print Membership Forms. Any DTC, printing the Membership Forms without such authorisation, shall be liable to disciplinary action.
2. Membership Forms shall be serially numbered and in the case of those printed by DTCs they should bear the name of the District concerned as well. Full details of forms so printed shall be supplied by the DTCs to the PTC before they are issued to subordinate Congress Committees.
3. In the case of membership Forms, they should be bound in books of 25 Forms each.
4. (a) The District Trinamool Congress Committee shall be primarily responsible for the enrolment of members in the district. The PTC shall issue membership forms to the DTCs which in turn shall issue them to the subordinate Trinamool Congress Committees and through them to individuals. Not more than 1250 membership forms shall be supplied to an individual at a time. However, in case of MPs, MLAs, MLCs and AITC members and PTC Office Bearers, 2500 membership forms may be supplied to individuals only when full account of the forms already supplied is rendered and the fees realised thereof are paid.
(b) If there are complaints against the subordinate Trinamool Congress Committees that they are not making available enough membership forms, the DTC may issue them to individuals and may, if it deems fit, take disciplinary action against the committees concerned. If there are complaints that the DTCs are not issuing forms properly, the PTC shall directly issue forms to committees and individuals and may also take disciplinary action against the DTCs concerned.
(c) Forms for enrollment of members shall in no case be issued to individuals who are not at least members of the Trinamool Congress.
5. (a) When the membership forms are issued to individuals or Committees, a signed acknowledgement shall be obtained in all cases and an undertaking to return the unused forms with proper accounts, whenever called upon to do so, be obtained.
(b) When unused membership forms are returned by individuals or Committees, a signed acknowledgement shall be issued. In the event if any individual failing to return the unused forms and / or accounts in time, he shall be disqualified form contesting the organisational elections.
6.(a) The PTC shall maintain separate registers for the issue of forms to each Committee or individual with their serial number and date of issue and return of unused forms.
(b) The DTCs and the subordinate Congress Committees should also maintain similar Registers (c) In order to give the Party a well informed and ideologically oriented cadre, the Trinamool Congressmen at all levels shall participate in the study programme laid down by the National Working Committee for Members.

RULE 9. UNDER ARTICLE X TERMS OF TRINAMOOL CONGRESS COMMITTEE:
(a) The term of every Trinamool Congress Committee and its Office Bearers, Executive Committee and members shall ordinarily be Five years.
(b) Reservation for Women / SC / ST / OBC / Minorities 33% of the seats at different Committees shall be reserved for the women. Not less than 20% of the seats shall be reserved at different Committees for SCs / STs / OBCs and Minorities. Competent Authority shall have the authority to relax the percentage of sectoral representations for the categories stated above.