Preamble & Constitution
1. PREAMBLE :
Adopted in the 1st Conference held on 6th September, 1987 at Calcutta University Centenary hall and updated in the 13th Conference.
The Kolkata Nagarik sammelan as a forward looking and progressive citizen of kolkata organisation inspired by development, patriotism, peace, takes upon itself the task of organising the citizen of kolkata of our kolkata to build a powerful nagarik movement to fight for a democratic and progressive social system and for the upliftment and betterment of the nagarik community as a whole.
It comprises of all citizen of kolkata, i.e., students, workers, peasants, scientist, doctor, lawyer, middle classes etc. It constitute a very large percentage of our population. The nagarik are the most energetic section of the society full of vigour and freshness. The future of a country depends upon the development of this section of the society.
In our Kolkata the aspirations of the citizens have been completely neglected. The problems and difficulties of Kolkata nagariks were directly connected with the prevailing socio-political and economic conditions under the British rule. The nagarik shared all the suffering, oppression and exploration their families were subjected to. They took keen interest in the socio-political and economic condition of our country. Fired by the ideals of patriotism the citizen of Kolkata had participated and played their proud and glorious role in the struggle for independence, but they did not even get the voting right at the age of eighteen when India became independent.
The Kolkata Nagarik Sammelan carries forward the true legacy of nagarik revolutionaries who fought for the country's independence against British colonialism. The citizen of Kolkata also inherits the progressive, rational, patriotic, secular and democratic aspirations of the people who fought for the country's independence. Though the KNS was formed in 1987, it imbibes and carries forward the legacy of nagarik revolutionaries who through their organisations led various struggles and revolts against British rule and subsequently after independence.
Independence in 1947 created high hopes among the Indian people and especially among the all section of people, that the progressive and democratic ideals of the freedom struggle would be realized. Issues like employment, education and development were the core issues of the movement it was expected that in independent India, the nagarik of Kolkata would get their rights and respect from the ruling classes of the country. However, after independence, the ruling classes strengthened their class position by adopting the capitalist path of development, leading to contradictory developments in the sphere of industry, agriculture and education. Taking advantage of the division of the world between the two camps of socialism and imperialism, the Indian ruling classes also adopted a dual policy of co-operation with socialist countries on the one hand and collaborating with foreign multinational capital on the other, to strengthen its bargaining position.
As a result of these, the fruits of whatever development that took place in the initial decades after independence were enjoyed by a very small section of the people. The masses were deprived of adequate and equal economic opportunities. Even today the nagarik of Kolkata from workers, lower middle and other exploited classes are suffering deeply from frustration and are falling prey to divisive and reactionary forces, both internal and external. Using one section against the other, these forces are striking at the roots of national unity. A vast majority of the youth is faced with the problems of unemployment, illiteracy, hunger, disease etc.
By the middle of 1952, as developmental, economic, political and cultural problems in an independent country came to the fore, the need of organising the Nagariks separately was felt. This led to the formation of an nagarik organisation in 1978, highlighting issues like employment, development and social backwardness. The task of organizing the youth on democratic, anti-imperialist, secular, anti-feudal and progressive channels begun in this period.
Different organisations mobilised the nagarik in the struggle against internal emergency in which the Kolkata nagarik under different banners came forward to resist authoritarian rule. They were the main force behind this struggle. With the defeat of the emergency, the citizen of Kolkata came forward as never before, taking their place in every walk of life. Already it was becoming evident that a demarcation was necessary from authoritarian, divisive and communal forces if the forces of national unity, secularism and social progress were to be unleashed. It was to facilitate this process and give it an alternative social and economic direction that Kolkata Nagarik Sammelan was formed in 1987, at its first Conference at Calcutta University Centenary Hall.
Since 1987 the Kolkata Nagarik Sammelan has been organising the citizen of kolkata along democratic lines because of which it has become the largest organisation in the city. The KNS has consistently been championing the cause of Education and Employment. Along with the Janaswastha Committee, & Busti Federation of Kolkata, the Kalkata Nagarik Sammelan has become the torch bearer of the nagarik movement of our time.
2. CONSTITUTION :
REGULATION OF KOLKATA NAGARIK SAMMELAN:
- ADMISSION: The signatories to the Memorandum of Association and the card bearers of the Governing Body of the society shall be first member of the society.
- Any person, who is interested in the aims and objects of the society over 18 years of age, irrespective of caste, creeds or religion and who agree in writing to be bound by the Memorandum of Association and Regulations of the society may be administered as a member of the society subject to the approval of the Governing Body. Interested person shall apply in the prescribed “FORM” for their membership.
CESSATION OF THE MEMBERSHIP:
Any member of the society shall cease to be member;
1.On non payment of annual membership fees;
2.On his resignation from membership by a letter addressed to the secretary;
3. On his conviction of any offence.
ii) REGISTER OF MEMBERS:
The society shall maintain a Register of Members containing the names, address, and their occupations, the date of admission and the date of cessation. The Register will be kept open for inspection of the members of the society on requisition.
iii) RIGHTS & OBLIGATIONS OF MEMBERS:
Any member has right:
- 1. To elect and to be elected in any election of the society;
- 2. To submit suggestion for discussion to the Governing Body on any matter;
- 3.To inspect the accounts of the society on appointment with secretary;
- 4. To forego his/her membership after duo information in writing to the Governing Body;
- 5. To pay his/her subscription within the prescribed time. Defaulting members shall not be allowed to vote at any meeting and members shall have one vote each.
- COMPOSITION & ELECTION OF THE EXECUTIVE COMMITTEE:
- There shall be a Governing Body consisting of not less than 7 and not more than 30 members which shall be composed of as president, Vice-president, Secretary, Assistant Secretary, treasurer and Members. The office-bearers shall be elected by the Governing Body from amongst themselves in the first meeting of the Governing Body and there after members of the Governing Body shall be elected at the A.G.M
- TERMINATION OF MEMBERSHIP:
- A member of the Governing Body shall cease to be a member:
- a) He resigns by a letter addressed to the secretary;
- b) He absents himself from three consecutive meetings of the Governing Body without any leave or without any reasonable grounds;
- c) He is convicted of any offense in connection with the formation, promotion, management or conduct of affairs of a society or a body corporation or of any offense involving moral turpitude.
- TERMS OF ELECTION:
- All members of the Governing Body shall retire at the Annual General Meeting every two years following their election when the new Governing Body shall be formed by raising hands or by secret Ballot.
- A meeting of the Governing Body shall be held at least once in three month at such time and place as the president or the secretary may determine. Any 5 members of the Executive Committee may requisition the meeting of the Governing Body and the secretary shall summon the same within & days and failing which the president or the requisitionist may do provided no business other than specified in the notice shall be transacted at such meeting
- 7 day’s notice of the meeting specifying the place, time and the general nature of the work and business to be transacted shall be given. Emergency meeting may be called on 24 hours notice. One third members personally present shall constitute a quorum for the meeting if a quorum is not present within 30 minutes of the time the members present may adjourn the meeting.
- PROCEDURE OF THE MEETING:
- The president or in his absence any of the Vice-president shall preside over all meeting of the Governing Body and in their absence the members present shall elect a chairman of the meeting. All question before the meeting will be decided by a majority of vote each member having one vote. The president or the chairman shall have a second or casting vote in the addition to his own vote on the case of equality of votes.
- POWER & DUTIES OF THE GOVERNING BODY:
- The Governing Body shall have powers of the supervision and conduct over all the affairs of the society and in particulars shall discharge the following duties:
- a) To elect the office bearers of the society for consecutive two financial year;
- b) To summon the annual general meeting of the society.
- c) To appoint sub-committee with such power and duties as may be considered necessary in the interest of the society.
- d) To accept donation, gift, subscription, movable or immovable property for the objects of the society
- e) To lease, mortgage or otherwise dispose off and deal with all or any part of the property of the society as deemed necessary or expedient for purpose of the society;
- f) To keep proper accounts of the society and to open bank accounts in the name of the society in one or more of the banks.
- BANK OPERATION:
- To open Bank account in the name of the society in one or more, the operation of said Bank Account would have be made by two office bearers jointly out of the three signatories. The president, secretary and the treasurer shall be the office bearers and their signatories will be recorded in each and every Bank.
- SAFE CUSTODY OF FUNDS
- The Governing Body of the society shall be responsible for the safe custody of the funds and assets of the society. The funds of the society shall be kept in bank/post office and be invested in any securities as specified U/S 20 of Indian Trust Act, 1882 and/or as per section 11(5) of the Income Tax Act, 1961.
- BOOKS OF ACCOUNTS & INSPECTION
- The books of accounts and other statutory books shall be kept at the registered office of the society and shall be kept open for inspection of the members of the Executive Committee during usual office hours and the same be kept open for inspection of the members of the society at such time and place as the Governing Body directs on a written request made by another member.
- ACCOUNTING YEAR
- The accounting year of the society shall be the financial year i.e from april to march of the following year.
- GENERAL MEETING
- There shall be two kind of general meeting: a) Annual General Meeting & b) Special General Meeting.
- Annual General Meeting:
- The society shall hold an ordinary general meeting every year and not more than 15 months shall elapse between two successive annual general meetings. At least 14 days notice specifying the time, place, day & hour shall be given to every member of the society.
- a) Quorum:
- The quorum for transaction of any business in annual general meeting shall be one third of the total number of members present personally.
- b) Agenda:
- The business to be transacted at the annual general meeting shall be:
- i) To confirm the minutes of the last annual general meeting and of special annual general meeting, if any;
- ii) To adopt with or without modification the report of the working of the society for the previous year ended;
- iii)To pass audited accounts for the said financial year;
- iv) To appoint qualified auditor or auditors;
- v) To elect the Governing Body members every Interval of the two years.
- Special General Meeting:
- a) A special general meeting may be convened by the executive Committee at any time in view of urgency of the matter. At least 14 days notice shall be given for special general meeting.
- b) A special general meeting may be convened by the secretary if two third numbers of the society requisitioned such meeting specifying the nature of the business to be transacted at the meeting. On receipt of such notice the secretary shall hold such meeting within 21 days. In default by the secretary, the requisition shall hold such meeting provided no business other than that specified in the notice shall be transacted.
- DUTIES OF OFFICE BEARERES
- a) President:
- i) Shall preside over all meetings of the society
- ii) Take all disciplinary actions such as removal, dismissal etc. in consultation with the Executive Committee.
- b) Vice-president:
- Shall assist the President in all affairs of the Society. In the absence of the president, they shall have the powers and perform the duties of the President.
- c) Secretary:
- i) Shall convene all meetings of the society;
- ii) Maintain minute books of all meetings;
- (iii) Issue general circulars and notices;
- iv) Receive all applications for membership which shall be placed before the Governing Body;
- v) Sign on behalf of the society all receipts for all sums received as subscriptions etc;
- vi) Sign and give pay order on all bills for payment and
- vii) transact all other business subject to the direction of the Governing Body.
- d) Assistant Secretary:
- Shall assist the Secretary in all respect for smooth running of the society.
- e) Treasurer:
- i) Shall collect and receive all sorts of subscription, donation and deposit of the money and grants receipt for money thereof;
- ii) maintain and keep cash book and such other accounts of the society and prepare the final accounts of the society at the year end.
The society shall maintain books of accounts as required U/S 15(i)(a), (b) of the Act. The accounts shall be audited by a duly qualified auditor as stated 15(ii) of the Act.
SUITS & LEGAL PROCEEDINGS
All suits and legal proceeding by or against the society shall be in the name of the secretary or such persons as shall be appointed by the Governing Body for the occasion.
ALTERATION OF RULES & REGULATION
The Governing Body shall have power to make such bye – laws as may be considered necessary in the interest of the society.
DISSOLUTION OF SOCIETY
The society may be dissolved by resolution to that effect passed by the 3/4th members of the Society at a general meeting of the organization. The said meeting shall- also decide the manner of disbursement of the funds and assets of the society, if any in the event of dissolution, the assets of the society remaining on the date of dissolution, shall under no circumstance, be distributed amongst the members, but the same shall be transferred to other Trust(s) or society(s) having similar objectives and registered Tax Act, 1961.
KOLKATA NAGARIK SAMMELAN By-laws Introductory: By-law 1. Kolkata Nagarik Sammelan shall be organied at four levels: By-law 2. By-law 3. To advise and assist the Governing Body, there shall be two other committees: By-law 4. Membership By-law 5. Meetings
- (a) These by-laws shall be subject to the Rules and Constitution of Kolkata Nagarik Sammelan as approved by the Registrar of Societies on 8th February 2015.
- (b) Unless otherwise specified, the terms used in these by-laws shall have the same meaning and purpose as in the Rules and Constitution mentioned above.
- (a) The Governing Body at the central level
- (b) Zone Committees
- (c) Ward Committees
- (d) Mahalla Committees
- (a) Other than the office-bearers mentioned in the Rules and Constitution, one of the members of the Governing body shall be the Working President and shall hold the powers and perform the functions of the President in the absence of the President.
- (b) Not more than 5(five) members of the Governing Body shall be Vice-Presidents.
- (c) Not more than 6(six) members of the Governing Body shall be Assistant Secretaries and one of them, if the Governing Body so need, shall function as the Office Secretary.
- (d) The President, the Working President, the Vice-Presidents, the Secretary, the Assistant Secretaries and the Treasurer shall be elected at the Annual General Meeting and shall hold office for two years. If the Annual General Meeting so desire, it shall, when electing the office-bearers and members, leave not more than 4(four) positions of members vacant, to be filled up by the Governing Body at one of its meetings.
- (e) There shall be at least 6(six) women in the Governing Body.
- (f) The composition and terms of office of the Zone Committees shall, mutatis mutandis, be the same as those of the Governing Body.
- (g)The composition and terms of office of the Ward Committees and the Mahalla Committees shall be prescribed by the Zone Committees following guidelines provided by the Governing Body.
- (h)Each Zone Committee, Ward Committee and Mahalla Committee shall convene an Annual Meeting of all members within its specified area.
- (a) Karmasamiti, comprising all office-bearers and members of the Governing Body and the Presidents, Secretaries and Treasurers of all Zone Committees. At least 6(six) meetings of Karmasamiti shall be held in a calendar year.
- (b) Karmaparishad, comprising all members of Karmasamiti and the Secretaries of all Ward Committees. At least 3(three) meetings of Karmaparishad shall be convened in a calendar year.
- (c) Karmasamiti and Karmaparishad may each co-opt not more than 10 (ten) other persons from among prominent citizens of Kolkata as members with the same rights and functions as the other members of Karmasamiti and Karmaparishad respectively.
- (a) Irrespective of religion, caste, gender, creed, opinion or language, any Indian citizen aged 18 years or above and living or working in Kolkata may become a member on payment of an annual subscription.
- (b) Only a member who has paid membership dues may elect, or be elected to, any of the committees/bodies named in By-laws 1, 2 and 3 above. This rule may, however, be relaxed during co-option of members of Karmasamiti and Karmaparishad under provisions of paragraph (c) of By-law 3 above.
- (c) The Governing Body may distribute certain portions of the revenue earned from membership subscriptions among Zone Committees and Ward Committees at rates to be fixed by the Governing Body from time to time.
- (a) Notice:
- (i) For ordinary meetings of all bodies/committees named above, a notice of 7 (seven) days shall be required. The notice shall include the agenda. A shorter notice shall be required for adjourned meetings or postponed meetings.
- (ii)For emergency meetings of all bodies/committees named above, a notice of at least 24 (twenty-four) hours shall be required. The notice shall include a single-item agenda.
- (iii) For Annual Meetings of Zone Committees, Ward Committees and Mahalla Committees, a notice of 15 (fifteen) days shall be required.