ANTI-CORRUPTION PARTY PUNJAB
MEMORANDUM AND ARTICLES OF ACP
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01. Memorandum and Articles of
Anti-Corruption-Party
Abbreviated as ACP
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Preamble
Present office of the party will be at
# 86 SIGMA CITY, LOHGARH CHOWK, ZEERAKPUR
District Sahibzada Ajit Singh Nagar (Mohali), Punjab. It was founded by HARBANS SINGH JALAL,
At Zeerakpur on 1/11/2015. Contact point of founder President is:
Mobile: 9872020400, E-Mails: Official Website:
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MEMORANDUM OF ASSOCIATION
Aim of the Anti Corruption Party is the establishment of a Union of Socialist Republics in India leading to classless society
Anti Corruption Party resolves to secure Justice, Liberty of thought, expression, personal belief, faith and worship, Equality of status, for all the citizens of India specifically of Panjab.
Anti Corruption Party beleves in the theory of class struggle in its fullest implications.
Aim of Anti Corruption Party to bring India to the dreams of Swatantrta Sangram Heroes. Concept of Anti-Corruption-Party was taken from the life and sacrifices of S Bhagat Singh Saheed and other anti-colonial heroes.
Anti Corruption Party shall be committed to nationalism and national integration, democracy, Gandhian Socialism, Positive Secularism, and value-based politics.
Anti Corruption Party stands for decentralisation of economic and political power.
Anti Corruption Party believes in separation of Politics and religion. Politics should not intervene by any way, in any matter, of any religion, in India.
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ARTICLES OF ASSOCIATION
ARTICLE I: NAME OF THE PARTY
A. The name of the Party shall be ANTI CORRUPTION PARTY, Abbreviated as ACP.
B. This constitution may be called the “Constitution of the Anti Corruption Party”.
C. The flag of the party shall be White. Length and breadth in the proportion of 3 and 2, and Party Emblem in in the centre.
E. The symbol of the party shall be as allotted by Election Commission.
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ARTICLE II: OBJECTIVES OF THE PARTY
INITIAL OBJECTIVES OF THE ACP
A. Anti-Corruption Party envisions Panjab, a state free of corruption.
B. Anti-Corruption Party envisions Panjab, to build up the State for the development and benefit of the people, and justice to all as guaranteed by the Constitution of India.
C. Anti Corruption Party aims to restore power to the people of India.
D. Anti Corruption Party was established to eradicate corruption from Punjab, through the weapons of State-Sawraj, State-Lokpal, etc.
DESTINED OBJECTIVES OF THE ACP
As given in memorandum of Association
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ARTICLE III: MEMBERSHIP OF THE PARTY
A. MEMBERSHIP
1. Any citizen of India of the age of 18 years or above who subscribes to the objectives of the Party shall be eligible to become a member of the Party, provided that he or she: not has become mentally retarded.
2. That is not a member of any organization whose views, policies or actions are in conflict with the objectives of the Anti Corruption Party;
3. That has not been convicted of any offence involving corruption or moral turpitude.
B. ELIGIBILITY:
A person who wants to remove the corruption and corrupt practices, from politics, administration and all other fields, may become the member of the Party, as per the procedure prescribed.
C. CATEGORIES OF MEMBERS:
!. Associate member:
A person shall become an Associate Member of the Party by submitting to party aims and discipline by email or telephone Message.
2. Active Member:
A person seeking Active Membership of the Party shall apply to the District office or State Office of the Party. Application will be inquired and verified by the persons or committees authorised by the President or working committee.
An Active Member shall pay membership fee of Rs 10/-
3. Life Member:
A person who achieve such a specific object to promot the objects of the party may become Life member of party, subject to the approval of National Exective.
A Life Member shall pay membership fee of Rs 100/-.
A person, who enrols 500 active members, becomes life member free of charge
D. MEMBERSHIP PROCESS
The Party shall maintain a register of its members at Head Office.
h. Any person, can be co-opted by the President or working committee. No application from such person is necessary. Such co-opted member will be considered as active member of Party.
TERM The tenure of Associate membership shall be 2 years Term. An Associate member shall have to get Active Membership after 2 years from the date of enrolment.
TERM The tenure of Active membership shall be 5 years.
An Active member shall have to get his membership renewed after every 5 years from the date of Admission.
E. CESSATION OF MEMBERSHIP
A person shall cease to be an Active Member of the Party in the event of:
Expulsion/Removal;
Non-Renewal of Membership
On being convicted for involving in corruption or moral turpitude.
F. REMOVAL FROM MEMBERSHIP
President or Executive of Notational Level can remove any Life Member or Active Member of the Party
1. If he/she is Inactive for one year.
2. If he/she joins any other political party
3. If he/she violates the rules or discipline of the party.
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ARTICLE IV: ORGANISATIONAL STRUCTURE
The organizational structure of the Party shall consist of the following organs
1. Primary Level:
It will be called as “Primary Council of ACP”.
It is based on Ward Area in Cities / Corporations and Panchayat Area Villages.
2. Assembly Level:
It will be called as “Assembly Area
Council of ACP”
It will comprise all the area that constitutes an assembly constituency. Head office of the assembly level will be in city on which Assembly Constituency is named. Powers and functions of Assembly level will be as per powers granted by Working Committee of National Level.
3. Parliamentary Level:
It will comprise all the area that constitutes a Parliamentary constituency. Head office of the assembly level will be in city on which Parliamentary Constituency is named. It will be called as “Parliamentary Area
Council of ACP”
4. State Level:
It will be called as “State
Council of ACP”
It will comprise all the area of the State. Head office of the assembly level will be in the Capital of the State.
5. National Level:
It will be called as “National
Council of ACP”.
It will comprise all the territories of India.
Head office of the assembly level will be at Delhi, the Capital of India.
But Presently Head office of National Level for First term will be at # 86 sigma city, lohgarh chowk, zeerakpur in district mohali, punjab.
STRUCTURE OF THE ORGANS:
Primary Council of ACP
The Primary council shall consist of 25%women, 25% SC, 5% Muslims, and 5% students. Hindus and Sikhs are equal majority in Punjab. Ratio will be based on inhabitants of the area.
It will comprise: President, One Office Secretary cum Treasurer, Five Vice Presidents, Ten General Sectaries, Twenty members.
It shall meet at least every month.
The term of this organ of the party, be for a period of five years, from the date of its formation.
Assembly Level Council of ACP
The Assembly Level council shall consist of 25%women, 25% SC, 5% Muslims, and 5% students. Hindus and Sikhs are equal majority in Punjab. Ratio will be based on inhabitants of the area.
General Body of assembly Level Council of ACP will comprise of all the presidents or their proxies of Primary Councils of ACP.
General Body shall meet at least after three months.
Executive Council of It will comprise: President, One Office Secretary cum Treasurer, Five Vice Presidents, Ten General Sectaries, Twenty members.
Executive shall meet at least once in a month.
The term of this organ of the party, be for a period of five years, from the date of its formation.
Parliamentary Level Council of ACP
The Parliamentary Level council shall consist of 25%women, 25% SC, 5% Muslims, and 5% students. Hindus and Sikhs are equal majority in Punjab. Ratio will be based on inhabitants of the area.
General Body of assembly Level Council of ACP will comprise of all the presidents or their proxies of Primary Councils of ACP.
All the Office bearers of Assembly Level Council of ACP.
It shall meet at least once a year.
Executive Council of It will comprise: President, One Office Secretary cum Treasurer, Five Vice Presidents, Ten General Sectaries, Twenty members.
Executive shall meet at least once in a month.
The term of this organ of the party, be for a period of five years, from the date of its formation.
STATE
COUNCIL OF ACP
The State council shall consist of 25%women, 25% SC, 5% Muslims, and 5% students. (Hindus and Sikhs are equal majority in Punjab).
General Body of assembly Level Council of ACP will comprise of
All the Office bearers of Assembly Level Council of ACP.
All the Office bearers of Parliamentary Level Council of ACP
It shall meet at least once in two years.
Executive Council of It will comprise: President, One Office Secretary cum Treasurer, Five Vice Presidents, Ten General Sectaries, Twenty members.
Executive shall meet at least once in a month.
The term of this organ of the party, be for a period of five years, from the date of its formation.
NATIONAL
COUNCIL OF ACP
The National council shall consist of 25%women, 25% SC, 5% Muslims, and 5% students.
General Body of National Council of ACP will comprise of
All the Office bearers of Assembly Level Council of ACP.
All the Office bearers of Parliamentary Level Council of ACP
All the Office bearers of State Council of ACP.
It shall be selected by consensus from amongst the members of the body, failing which it shall be elected by a majority vote.
It shall meet at least once in two years.
National Executive will comprise: President, One Office Secretary cum Treasurer, up to Five Vice Presidents, up to Ten General Sectaries, up to twenty members.
National Executive shall meet at least once in a month.
National Executive can alter reservation of any state or any level, if needed.
The term of this organ of the party, be for a period of five years, from the date of its formation.
OBJECTS AND POWERS OF THE ORGANS:
Primary Council of ACP
It can take or decide any issue to enhance the objective of the Party
It will use powers granted by Assembly Level Council of ACP.
Assembly Level Council of ACP
Primary objective of this level is to organise the area under it to ensure the win of ACP in coming assembly elections.
It will use powers granted by State Council of ACP.
Parliamentary Level Council of ACP
Primary objective of this level is to organise the area under it to ensure the win of ACP in coming Parliamentary elections.
It will use powers granted by State Council of ACP.
State Council of ACP
Primary objective of this level is to organise the state to ensure the win of ACP in coming assembly elections.
The State council may co-opt members from each, to give fair representation, such as Harijans, Ramdasias, ST, Back-Ward Classes and Minorities. If the co-opted members are not already Active Members of the Party.
They shall be deemed to be Active Members of the Party as soon as they are co-opted and shall have all the rights of elected members of the Executive.
The State Executive may invite anyone from within or outside the Party to attend its meetings as a ‘Special Invitee’ for one or more meetings. However, Special Invitees shall not enjoy any voting rights.
It will use powers entrusted by National Council of ACP.
National Council of ACP
National Executive shall be the highest policy making body of the Party.
National Executive may form a National Political Affairs Committee consisting of President and up to 10 members from amongst elected members of the National Executive.
National Executive may form a National election Committee consist of President and up to 10 members from amongst elected members of the National Executive.
National Executive may Form National Level Committees for settling internal disputes, grievances and disciplinary actions.
National Executive may Form Disciplinary Committees in respect of Complaints, any other matter including internal disputes; grievances etc. at the National Level, State Level, District Level and below, as per regulations framed by the National Executive.
National Executive will maintain and keep accounts of National Level Finances.
National Executive may make rules and regulations under this Constitution.
National Executive may appoint State Political Affairs Committee
National Executive may appoint State election Committee
National Executive may appoint Disciplinary Committee of subordinate levels.
National Executive may appoint Members from disadvantaged social groups, such as SC, ST, Back-Ward Classes and Minorities if there is inadequate representation of such groups. They shall be deemed to be Active Members of the Party.
National Executive may call Experts from such fields as it deems fit.
National Executive may call eminent people from the country
National Executive Decide the stand and policy of the Party on issues of National interest.
National Executive will Monitor and supervise the activities of Party functionaries at various levels in the country and the National Secretariat.
National Executive Undertake all such activities as are needed to meet the objectives of the Party in the country.
National Council have the power to amend the Constitution. However, approval of 2/3rd of members, present and voting, will be required for a resolution for amendment of the Party Constitution and/or decision to merge, split or dissolve.
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ARTICLE V: OFFICE BEARERS OF THE PARTY
Every organ of ACP will consist of
President
Office Secretary cum Cashier
Vice Presidents up to five.
General Sectaries up to ten.
Members up to twenty.
Any other office bearer subject to the discretion of President or state or National President.
POWERS & FUNCTIONS OF THE OFFICE BEARERS
Powers & Functions of Presidents of primary to National Level.
The President shall be in charge of functioning of the Party at the concerned Level
Facilitate and organize the meeting of the Unit.
Chair the meeting of the respective units
Implement and execute the decisions of the Party.
Carry out all such work as assigned to him from time to time by their council or higher councils, as case may be.
Any task that he consider necessary for the advancement of party, subject to approval of the President above him.
Powers & Functions of Secretary cum Treasurer up to State Level.
The Secretary shall be responsible:
For managing the day to day affairs of the Secretariat at the concerned Level.
For maintaining records and keeping minutes of the meetings at the concerned Level.
iii. Carrying out all such work as given to him/her by the President or executive of unit from time to time.
Secretary at National level shall represent Party for all legal purposes.
Maintaining the accounts at the concerned Level.
Follow all guidelines and instructions issued from time to time with respect to maintenance of accounts etc.
Powers & Functions of Secretary cum Treasurer up to National Level.
In addition to above said liabilities National Secretary cum Treasurer shall also be responsible:
To ensure that the accounts of the Party are properly maintained and are audited by an Auditor
To ensure that audited annual accounts of the Party are submitted to the Election Commission of India within six months from the end of the Financial Year.
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ARTICLE VI: RULES OF DISPUTE, RESOLUTION & DISCIPLINE
RULES OF DISPUTE
Disciplinary action may result in penalties ranging from warning, suspension or expulsion from the Party.
No disciplinary action shall be taken against a member without giving an opportunity to that member to be heard.
In case disciplinary action is proposed against a member of level, the penalty will be imposed only after approval by the higher level respectively.
Complaints alleging violation of Articles, or against office bearers and Members of Parliament, State Legislatures, Shall be dealt by the National Level Party
Complaints in respect of any other matter including internal disputes, grievances etc. shall be dealt with by the Disciplinary Committees to be constituted by the National Executive at the National Level, State Level, District Level and below, as per regulations framed by the National Executive. The orders passed by the Disciplinary Committees would be appealable to the next higher level in the hierarchy. However, a person aggrieved by the order of the Party President would have the right to seek review of that order, before the disciplinary Committee of that level.
RULES AND RESOLUTION (OF ADMINISTRATION)
If someone is a member of any Executive Committee of the Party, then none of his or her immediate family members can become a member of any Executive of Party.
Two persons from the same family will not be given nomination for contesting elections by the Party.
Any member who does not attend 3 successive meetings of any Council/Executive without prior intimation of his or her absence shall cease to be a member of the Council/Executive.
The National Executive will frame Regulations for filling the vacancies caused by resignation, expulsion or death of a member of an Executive/Council.
The National Executive will lay down norms and special arrangements to be put in place for merger of new organisations or parties within the Party.
The National Executive will frame Regulations for any object task matter that is not referenced in this Memorandum.
The Party will not in any manner promote or instigate or participate in iolence.
The party will contest any election earlier election conducted by Election Commission, specifically assembly election of Punjab scheduled for 2017.
Interpretation of the constitution: The Founder or President of National Council shall have the power and authority to interpret the Constitution and the regulations of the ACP.
The Decision of the above shall be final and binding unless it is overturned by the National Council.
RULES OF DICIPLINE:
Every member of the Party shall abide by the following Code of Conduct:
A member shall not engage himself in any immoral or illegal activity as would tarnish the image of the Party.
A member shall not undertake any activity, which is in violation of or is contrary to the objectives of the Party as set out in this Constitution or is contrary to the official policy of the Party.
A member shall not violate any Rule made by the Party or disobey any direction given by it.
Not involve him/her in any corrupt practices.
Not have any pending criminal case of a crime involving moral turpitude or should not have been convicted of any such crime in the past.
Not be a part of any organization which spreads disharmony on basis of religion or caste or promotes un-touch ability.
Not engage in exploiting or ill-treating woman or child.
Not indulge in drug addiction or drunken behaviour.
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ARTICLE VII: BASICS RULES FOR CONDUCT OF BUSINESS
Notices of Meetings
i. The notice period for Ordinary meetings of the various bodies shall be as under:
Primary Unit 2 days
District Council 14 days, District Executive 2 days.
State Council 14 days, State Executive 2 days.
National Council 14 days, National Executive 2 days.
Emergency meetings of the District/State/National Executive may be convened by the concerned President by giving such notice as deemed fit.
Meetings of the District/State/National Executive may be convened / attended either in person or via video/teleconference.
All decisions at all Levels in any meeting shall be taken by consensus, failing which by a majority vote.
Secretary shall maintain Minutes of all the Meetings of all its Council/Executive/ Committees.
Meetings:
i. The respective Presidents shall chair meetings of the National/State/Parliamentary/Assembly/Primary Council/Executive.
In the event of the President not being available, Vice president will preside the chair of The particular meeting.
B. Quorum Quorum for all meetings shall be one-third of the strength of the concerned body. If the Quorum is not complete at the appointed time, those assembled will wait for a maximum period of 30 minutes. If the required Quorum is still not available, the meeting shall be adjourned.
A new meeting will then be convened and there shall be no need of a quorum for a meeting that was adjourned due to want of quorum.
There will be no requirement for a Quorum in case of Emergency or Extraordinary meetings. Resolutions passed in such meetings shall be required to be ratified above level.
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ARTICLE VIII: PARTY FUNDS AND ACCOUNTS
A. Collection of Funds
i. Funds shall be collected by means of membership fee, voluntary donations, sale of party material, cultural programs etc.
ii. Only office bearers or persons, authorized by the respective Executive, shall receive the funds.
B. Donation and Fund collection Receipts
Receipts will be printed at the National Levels only.
Each receipt will be duly numbered and issued in books containing 50 receipts.
D. Utilisation of Funds
i. The funds received by the Party shall be utilized for meeting the political objectives of the Party.
Any amount collected any way will mainly be deposited in National Fund.
Primary Unit can keep 10% of collected fund.
Assembly level can utilize 10% of fund earned by him or lower level.
Parliamentary level can utilize 10% of fund earned by him or lower level.
State level can utilize 20% of fund earned by him or lower level.
Remaining amount will be deposited in National Pool.
More funds shall be utilized by the concerned Executive with the approval of National executive.
National Executive may frame regulations governing the utilization of funds.
Accounts shall be maintained on accrual basis.
Details of all donations and expenses will be made transparent.
C. Bank Account
i. The each levels shall open bank accounts and at its places.
ii. There shall be three authorized signatories for each Bank account namely the President Treasurer and
person authorized by the Executive.
The account may be operated by any two of the three authorized signatories. However, one of them must be President or Treasurer.
iii. All receipts shall be deposited in the bank accounts of the Party and all expenses shall be routed through such bank accounts.
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ARTICLE IX: PARTY CONSTITUTION’S AMENDMENT PROCEDURE
This Constitution, can be amended by the National Executive provided that the amendment has the approval of 2/3rd of its members present and voting after due notice to all the members.
For this purpose a meeting of the National Executive shall be convened within 30 days of a resolution for amendment bearing the signatures of at least 10% members of the National Council being received.
Quorum for such National Executive meeting shall be two thirds of its strength.
The amendment so made by the Executive shall become operative immediately subject to ratification in the next session of the National Council.
Power of amendment cannot be exercised contrary to the statutory provisions or guidelines issued by the Election Commission of India.
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ARTICLE X: MERGER, SPLIT AND DISSOLUTION PROCEDURE
Decisions regarding merger, split and dissolution shall be taken at a Plenary Session comprising of all office bearers, members of National Council
Quorum for the meeting of the Plenary Session shall be 51% of the persons present in the Plenary Session.
Resolution in respect of merger or split or dissolution to be effective shall require the approval of at least 2/3 of the persons present and voting.
ARTICLE XI: MANDATORY PROVISION UNDER SECTION 29A (5) OF RP ACT, 1951.
Para (5) of SECTION 29A OF RP ACT, 1951. Is explained as: The application under sub-section (1) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear 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.
The above said Para was thoroughly examined and implemented as the requirement of the act.
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