NEP State Narrative

Jammu Kashmir National Awami Party UK (JKNAP UK) Constitution

Rule 1.  Name

Rule 2.  Main Focus of the Party

Rule 3.   Aims and Objectives of the JKNAP UK

Rule 4.  Membership

Rule 5.  Rights and Duties of Members

Rule 6.  Organisational Structure

Rule 7.  Headquarters

Rule 8.  The National Convention

Rule 9.  Duties and Powers of the National Convention

Rule 10.  Duties and Functions of the Central Cabinet

Rule 11.  JKNAP UK Units

Rule 12.  Management of Organisational Discipline

Rule 13.  Jurisdiction

Rule 14.  Disciplinary Procedure

Rule 15. Presumption of Knowledge  

Rule 16.  Special Convention

Rule 17.  Contractual Liability

Rule 18.  The Party’s Financial Scheme

Rule 19.  Statutory Officers

Rule 20.  Selection of the Candidates for Elections 

Rule 21.  Borrowing

Rule 22 . General

Rule 23.  Amendments

Rule 24.  Dissolution

Rule 1 

NAME

a. The name of the party shall be ‘Jammu Kashmir National Awami Party UK (JKNAP UK), hereinafter referred to as ‘the Party’ or the ‘JKNAP UK’;

b. The colours of the JKNAP UK are red and gold;

c. The Emblems of the JKNAP UK are:

I. An open book with the picture of spade & sickle across the pages & a star above the book in black & white colour – Please refer to Appendix 1 ;

II. Emblem background is in Red with Words above a chain are Knowledge, Struggle, Victory & bellow the chain are Jammu Kashmir intersected by rising golden flame; – Please refer to Appendix 2;

III. A red flag with gold star on top right hand corner of the flag - Please refer to Appendix 3;

Rule 2 

MAIN FOCUS OF THE PARTY

I. Our purpose is to organise and maintain in the UK a political Party;

II. JKNAP UK shall apply for the registration with the Electoral Commission to contest elections in the UK at all levels right from the local councils to the parliamentary elections for the UK parliament and assemblies of Scotland, Wales and Ireland;

III. The party shall contest elections in the UK at all levels, as far as may be practicable (subject to the available financial and membership resources);

IV. JKNAP UK believes that in all INTERNATIONAL CONFLICTS interests of the British public and National Interests of the United Kingdom are at stake, lives of our armed forces and taxpayers money are at risk and a very bold and broad campaign is needed to move the British public to stand up to protect their National Interests as well as lives of the armed forces and the taxpayers money;

V. The party shall endeavour to influence public opinion and gather maximum support from the UK citizens and their elected institutions by taking part in the electoral process at all levels in the UK to promote the peace and democracy all over the world and particularly to resolve all international disputes through peaceful dialogue, (especially the Jammu Kashmir dispute);

VI. The party shall advocate for and promote the peaceful, democratic and political movements and shall oppose  armed fighting and any sort of violent struggle anywhere in the world;

VII. The party shall oppose all sorts of violence, fighting, wars and terrorism to resolve any international dispute where directly and indirectly the United Kingdom people and governments are involved (and particularly the Jammu Kashmir issue) and for this purpose would try to reach and influence the UK voters, as far as practicable, through contesting the elections in the UK.;

VIII. The Party shall give effect, as far as may be practicable, to the principles from time to time approved by the JKNAP UK party Conventions, National Working Council and the Central Cabinet;

Rule 3 

AIMS AND OBJECTIVES OF THE JKNAP UK

The aims and objectives of the JKNAP UK are reflected by the following:

I. All political and electoral politics of the party is based on the principles of PEACE, DEMOCRACY, NON VIOLENCE, SECULARISM and INTEGRITY;

II. Party shall oppose all forms of Violence, Terrorism, Wars, Hatred, Discrimination, Religious Intolerance, Social Exclusion and any Bias on the basis of race, colour, religion, gender, education, age, sexual orientation, political beliefs and social status;

III. Party firmly believes in the principles of democracy and shall resolve all the issues and disputes through transparent, fair, free and independent democratic means; 

IV. Party believes that all the political authority comes from the people by democratic means;

V. The Natural Resources of the states be that Scotland, England, Wales and Ireland (and similarly Jammu Kashmir) or all other the areas, regions and countries of the world belong to all their respective people; 

VI. Resources of the state(s) within the UK (and in Jammu Kashmir and all over the world), particularly non-renewable should be managed for the benefit of all, including future generations;

VII. All people should have equal access to all social, economic, cultural, political and legal spheres, regardless of wealth or social position, and continuing participation in the democratic process;

VIII. All people are entitled to dignity, self-respect and the opportunities to free education, training & work, free health facilities and all basic necessities of life without any prejudice;

IX. Building and sustaining an economy, which can attract and retain the intelligence, skills and efforts of all citizens;

X. In meeting the needs of the nation, co-operation, rather than competition, should be the main governing factor in economic relations;

XI. Educating the public in the principles and objectives of democratic socialism and economic and social co-operation;

XII. Promoting peace, freedom, democracy, economic security, environmental protection and social justice throughout the world by international co-operation and mutual respect;

XIII. The same basic human rights, protected by the State, apply to all people, regardless of race, sex, marital status, sexual orientation, gender identity, age, religious faith, political belief or disability;

XIV. Promoting economic development for the benefit of all;

XV. Promoting and protecting the freedoms and welfare of all citizens;

XVI. By taking part in the UK elections and/or through promoting its peaceful, democratic and political struggle, the party aims to uphold the idea of and to work for the liberation and reunification of all the National States which are disputed and pose a threat to the INTERNATIONAL PEACE and STABILITY (and for that matter for the reunification and independence of the State of Jammu Kashmir as it geographically existed on 15th August 1947); 

XVII. The party believes that all the States of the world belong to their respective citizens and all decisions regarding the existence and future of all states all over the world must be determined by their citizens through peaceful, political and democratic means and the International Community and particularly the UK government must support the independent existence of all the National States (and for that matter the state of Jammu Kashmir which is currently divided & occupied by India, Pakistan & China and its current status which pose threat to the international peace and stability should be determined by the free will of the people of Jammu Kashmir through peaceful and democratic means and without any foreign influence and interference);

XVIII. The party believes in and promotes the idea of a world where the rights of all countries of the world to sovereignty, independence and unity are inalienable and indefeasible. It is for the people of the countries as a whole to determine the future status of the countries. Neither any super power nor any other country of the world or any International Organisation has any right to partition other countries or to get involved in the internal affairs of other countries. The International Community on its own should not make decisions to determine the future of other countries as sovereign nations or otherwise and this decision must only be taken by the people of the respective countries by their own independent and indigenous will through fair, free, transparent and independent democratic means without any foreign influence or interference; (and THIS very principle should be applied to all geographical, territorial, political and national disputes of the world including the issue of Jammu Kashmir);

XIX. The right of the people of the UK (and any other country of the world and/or Jammu Kashmir), as a whole, to national self-determination is supported by universally recognised principles of international law, which assert that the subjection of peoples to alien subjugation is a denial of fundamental human rights and the party stands for the right of all people of the world (and for that matter the right of the people of Jammu Kashmir) to self-determination without any external interference; 

XX. Self-determination is a nation's exercise of the political freedom to determine its own economic, social and cultural development, without external influence and without partial or total disruption of the national unity or territorial integrity;

XXI. JKNAP UK is a non-racial, secular, democratic Party that will combat all forms of oppression, terrorism and violence;

XXII. Party policies are determined by the membership and its leadership is accountable to the membership in terms of the procedures laid down in the Constitution;

XXIII. While striving for the maximum unity of purpose and functioning, the Party shall respect the linguistic, cultural and religious diversity of its members;

XXIV. The principles of freedom of speech and free circulation of ideas and information shall operate within the Party;

Rule 4 

MEMBERSHIP

I. Membership of the JKNAP UK shall be open to all aged 16 years or over, irrespective of race, colour and creed, who accept its principles, policies and programmes and who are prepared to abide by its Constitution and rules;

II. All persons who have manifested a clear identification with the party & its struggle may apply for the membership;

III. JKNAP UK National Working Council has discretion & may grant honorary membership to those who do not qualify for membership under Rules but who have demonstrated an unwavering commitment to the JKNAP UK and its policies;

IV. Applications for membership shall be considered by the Membership Committee, who may accept or refuse any application for membership. Any refusal is subject to review by the National Working Council of the JKNAP UK;

V. Membership cards shall be issued to registered members of the JKNAP UK;

VI. Membership cards are issued subject to payment of the prescribed subscription fee to the Party Treasurer;

VII. At any time before the individual is accepted as a full member of the party, or in exceptional circumstances after the member has been admitted, the Membership Officer may rule that the application or the membership be rejected if it was obtained invalidly;

VIII. Members shall pay a regular monthly subscription fee as determined by the JKNAP UK  National Working Council;

IX. Non-earning members or those on reduced incomes shall pay such fees as may be determined by the JKNAP UK National Working Council;

X. Members who fail to pay their subscriptions for three months and having been reminded of their lapse, will not be regarded as members in good standing until they have paid their arrears;

XI. Party membership cards shall be issued for an indefinite period, however internal voting rights of the members shall be limited to the paid membership only;

XII. The membership secretary shall verify the membership status before any internal party voting session; 

Rule 5 

RIGHTS AND DUTIES OF MEMBERS

a. Rights:

A member shall be entitled to:

I. Take a full and active part in the discussion, formulation and implementation of the policies of the JKNAP UK;

II. Receive and impart information on all aspects of JKNAP UK policy and activities;

III. Offer constructive criticism of any member, official, policy programme or activity of the JKNAP UK within its structures;

IV. Take part in elections and be elected or appointed to any committee, structure, commission or delegation of the JKNAP UK; 

V. Submit proposals or statements to the JKNAP UK Convention, Council or Committees, provided such proposals or statements are submitted through the appropriate structures;

b. Duties

A member of the JKNAP UK shall:

I. Belong to and take an active part in the life of JKNAP UK;

II. Take all necessary steps to understand and carry out the aims, policies and programmes of the JKNAP UK;

III. Explain the aims, policies and programmes of the JKNAP UK to the people;

IV. Deepen understanding of the social, cultural, political and economic problems of UK & where appropriate Jammu Kashmir;

V. Combat propaganda detrimental to the interests of the JKNAP UK and defend the policies, aims and programme of the JKNAP UK;

VI. Fight against racism, tribal chauvinism, sexism, religious and political intolerance or any other form of discrimination or chauvinism;

VII. Observe discipline, behave honestly and carry out loyally the decisions of the majority and decisions of higher bodies; 

VIII. All members shall ensure that they are registered as voters in the constituency in which they live;

Rule 6 

ORGANISATIONAL STRUCTURE

The JKNAP UK consists of the following organs:

I. The National Convention which elects the Central Cabinet who are ex-officio officers of the National Working Council;

II. The National Working Council which comprises of the Central Cabinet & Unit representatives;

III. The National Working Council's appointed sub-committees; 

IV. Unit members will elect Unit officers & local committees;

Rule 7 

THE HEAD QUARTERS

I. The site of the National Headquarters of the Jammu Kashmir National Awami Party UK (JKNAP UK) shall be determined by the National Working Council;

II. The National Headquarters may be moved after every National Convention;

Rule 8 

THE NATIONAL CONVENTION

The National Convention is the supreme ruling and controlling body of the JKNAP UK. It shall be comprised of voting delegates:

I. The delegates at the National Convention shall be from JKNAP UK Units, elected at properly constituted JKNAP UK Unit meetings. The number of delegates per JKNAP UK Unit shall be in proportion to their paid up membership, provided that each JKNAP UK Unit is in good standing shall be entitled to at least 1 (one) delegate;

II. The number of delegates to be allocated to each Unit to attend National Convention shall be fixed by the National Working Council in proportion to the paid up membership of each Unit;

III. All Officers of the National Working Council shall attend as ex-officio, as full participants in, and as delegates to, the Convention; 

IV. The National Working Council shall appoint a Convention Preparatory Committee which shall circulate Conference information in JKNAP UK, determine the precise procedure for the selection of delegates and indicate how the membership can then ensure that their concerns are on the agenda;

V. The Convention shall determine its own procedures in accordance with JKNAP UK democratic principles;

VI. The National Convention shall be convened at least once every three years;

a. The National Working Council

The National Working Council shall:

I. Consist of all members of the Central Cabinet, presidents of all the local units and any members specially appointed in the properly convened and quorate meeting of the Central Cabinet; 

II. Determine and review the policies and programmes of the JKNAP UK;

III. Receive and discuss officer reports;

IV. Have the right to ratify, alter or rescind any decision taken by any of the constituent bodies, Units or officials of the JKNAP UK, except the National Convention, including the evaluation of the performance of officers & branches; 

V. Have the power to discuss any issue it deems necessary taking into account policies and directives of the National Convention;

VI. The National Working Council may fill vacancies that have arisen in the National Working Council in the Central Cabinet provided that such vacancies do not exceed 50% (fifty per cent) of the National Working Council and/or the Central Cabinet;

VII. There shall be at least one meeting of the National Working Council every year;

VIII. Quorum of the National Working Council meeting shall be 51% of all the members;

IX. No decision shall be valid and binding unless it is taken in a quorate meeting of any party forum for which all the minutes are duly taken;

Rule 9

DUTIES AND POWERS OF THE NATIONAL CONVENTION

a. The National Convention shall:

I. Decide and determine the policy, programme and Constitution of the JKNAP UK;

II. Receive and discuss the reports of the National Convention which shall include the Presidential address, General Secretary 's report, and the Party Treasurer’s report;

III. Have the right and power to review, ratify, alter or rescind any decision taken by any of the constituent structures, committees or officials of the JKNAP UK;

IV. Elect the President, Vice President(s), General Secretary, Assistant General Secretary, Treasurer, Media Officer, Membership Officer, Social/Welfare Officer, Organiser, Chairperson Women Wing & 2 National Auditors; 

V. Have the power to elect or appoint any commission or committee and assign specific tasks and duties to such commission or committee;

VI. Quorum of the National Convention shall be all those party members attending the National convention;

b. Powers of the National Working Council

I. The National Working Council is the highest organ of the JKNAP UK between National Conventions and has the authority to lead the organisation, subject to the provisions of this Constitution;

II. Without prejudice to the generality of its powers, the National Working Council shall:

III. Carry out the decisions and instructions of the National Conventions;

IV. Issue and send directives and instructions to and receive reports from the Units;

V. Supervise and direct the work of the JKNAP UK and all its organs, including National Working Council sub-committees & Units;

VI. Ensure that the structures of the JKNAP UK function democratically and effectively; 

VII. Establish Departments and set up committees, as it considers appropriate;

VIII. Manage and control all the national property and assets of the JKNAP UK;

IX. Receive reports, supervise the work of, and delegate such functions to the Committees, as it considers necessary;

X. Issue documents and other policy directives as and when it deems fit;

XI. Confer such honours, as it may deem appropriate;

XII. Institute disciplinary proceedings against any member and temporarily suspend the membership of any member;

XIII. Have the power to institute and defend legal proceedings on behalf of the Party;

XIV. Develop and adopt Rules and Regulations and Standing Orders for the due and efficient functioning of the Party and the achievement of its aims and objectives;

XV. In between the sessions of the National Working Council, the Central cabinet shall carry out all the routine business of the party under the guidelines of the previous and most recent meeting of the National Working Council;

Rule 10 

DUTIES AND FUNCTIONS OF THE CENTRAL CABINET

A. All members of the central cabinet shall be elected in the National Convention for a period of three years;

B. The Central Cabinet shall hold its meeting every three months;

C. Under any special circumstances, the Central Cabinet may be convened any time at the request of any member of the Central Cabinet;

D. Quorum of the Central Cabinet meeting shall be 25% of the total membership of the Central Cabinet;

E. The powers and duties of the individual members of the Central Cabinet are as set out below:

a. President

I. The President is the political head and chief directing officer of the JKNAP UK; 

II. President shall make pronouncements for and on behalf of the National Council outlining and explaining the policy or attitude of the JKNAP UK on any question;

III. Present to the National Convention and National Working Council a comprehensive statement of the state of the nation and the political situation generally; 

IV. Under the overall supervision of the National Working Council, orient and direct the activities of the JKNAP UK;

V. Remain the custodian of the policies adopted and decisions taken by the National Convention and National Working Council and ensure that all organs of the JKNAP UK implement decisions taken by the National Convention & National Working Council; 

VI. Carry out such additional tasks or functions, as are entrusted by the National Convention or National Working Council;

VII. President shall head the National Working Council and shall chair all the meetings of the National Working Council or the Central cabinet;

VIII. The President may also be appointed as the statutory leader of the party;

IX. The unit chairman shall assume the role and responsibilities of the President at local unit level;

X. Party president may also be elected as the party leader, and in such a case the nomination shall be made at the National Convention and would be duly approved by the convention;

XI. If party president is not being nominated as the leader of the party, then elections for the party leader shall be held at the national convention;

b. Vice-President

I. The Vice President shall assist the President; 

II. deputise for the President when necessary to carry out whatever functions that are entrusted to the President by the National Council;

III. Assume the role and responsibilities of the President in case the President becomes unable to perform the party duties; 

c. General Secretary 

I. The General Secretary is the chief administrative officer of the JKNAP UK;

II. General Secretary shall record and maintain all audio, video, soft and hard records and minutes of the party Conventions and meetings of the National Working Council and the Central Cabinet;

III. The General Secretary shall Communicate the decisions of all national structures of the JKNAP UK on behalf of the National Council;

IV. Keep the minutes of the National Convention, the National Working Council, the Central Cabinet and any Special Convention as well as other records of the JKNAP UK;

V. Conduct the correspondence; 

VI. Convey the decisions and instructions of the National Convention, the National Working Council, and see to it that all branches of the JKNAP UK carry out their duties properly;

VII. Prepare annual reports on the work of the National Council;

VIII. Present to the National Convention and National Working Council a comprehensive statement of the state of the organisation and the administrative situation of the JKNAP UK;

IX. In the absence of the President and the Vice President(s), the General Secretary assume the functions of the National President;

X. All departments shall report on their activities and be accountable to the General Secretary;

XI. All unit secretaries shall assume the powers of general secretary at local unit level;

d. Assistant General Secretary 

I. The Assistant General Secretary shall assist the Secretary General, when necessary, and carry out the functions entrusted to the Secretary by the National Convention & the National Council;

II. When General Secretary is absent, the Assistant General Secretary shall assume the role of the General Secretary;

e. Party Treasurer

A. The Treasurer is the chief custodian of the funds and all the property of the JKNAP UK;

B. The treasurer shall:

I. Receive and bank all monies on behalf of the National Council and shall, together with any 2 (two) members of the National Council, open and operate a banking account;

II. Keep such books of account as may be necessary to record accurately the financial position of the JKNAP UK;

III. Submit to the National Convention a report showing the Income and Expenditure Account and Balance Sheet of the JKNAP UK for the period since the previous National Convention, and shall submit periodic reports to the National Council;

IV. Be responsible, with the  Finance Committee, for working out and executing plans for fund raising; and present to the National Convention and National Council a comprehensive statement of the state of the finances of the JKNAP UK;

V. All local units will have their own treasurers; 

VI. Local unit treasurers shall collect the membership fees and donations at the unit level and shall deposit the funds with the party treasurer;

VII. Party treasurer shall authorise and allocate funds for all activities of the local units; 

f. Membership Secretary 

I. The membership secretary is responsible for all aspects of party membership;

II. The membership secretary may appoint unit membership secretaries at local levels;

III. Any local unit membership secretaries appointed by the party membership secretary shall directly report to the party membership secretary and would assist and support to run all membership campaigns and maintain all the records and data relating to the membership; 

IV. Membership secretary shall be the custodian of all membership records and data and shall authorise any disclosure of such records and data as may be appropriate;

V. The membership secretary will liaise with the party treasure and local unit treasurers to maintain and regulate party membership;

VI. Only membership list issued by the party membership secretary shall be used for any voting purposes within the party at any level; 

g. Media Secretary

The Media secretary is responsible all aspects of Media; 

h. Social/Welfare Secretary

The Social/Welfare secretary is responsible for meeting all aspects of members social/welfare needs organised as appropriately at the direction of the National Working Council;

j. Organiser

The organiser is responsible for developing & supporting Units;

k. Auditors

The Role of auditors is to provide independent assurance that Party’s risk management, governance and internal control processes are operating effectively;

m. Women Wing

I. To empower the women and to encourage them to take full part in all political activities of the society the party shall operate and maintain a women wing within the party;

II. Women wing shall be headed by a Chairperson who shall be recognised as the Chairperson Women Wing JKNAP UK;

III. The Chairperson may appoint any other officers to assist her and to provide support to her in carrying out her day to day organisational duties;

IV. Any additional women officers appointed by the Chairperson Women Wing shall be part of the Central Cabinet and the National Working Council;

n. Dual Responsibilities

I. Any officer or member of the central cabinet may at anytime and/or for any period of time assume the additional responsibility of another position alongside their actual role in the party;

II. Any such dual responsibility shall be authorised by the party president;

p. Removal of the Officers and/or No-Confidence Motions

I. If any party officer no more enjoys the support of the majority of the party members, such party officer may be removed from their role within the party;

II. No removal can be exercised other than a democratic process;

III. To remove any central cabinet member, at least 20% members out of the total party membership should give notice to party general secretary;

IV. If party general secretary is to be removed, the notice should be given to the assistant general secretary;

V. The general secretary or assistant general secretary as the case may be, in consultation with the party president,  within one month of such a notice shall convene a special meeting of the National Working Council;

VI. The removal resolution should be placed in the meeting and an open debate shall be held;

VII. After a detailed and satisfactory debate, the resolution shall be placed for voting;

VIII. By a two third majority vote in favour of the removal resolution, the officer shall stand down;

IX. The National Working Council will then elect a replacement officer by the simple majority vote;

X. Similar procedure shall be followed at unit level in case a unit officer is to be removed;

XI. For unit officers removal, a meeting of the unit members shall be convened instead of the National Working Council meeting;

Rule 11 

JKNAP UK UNITS

I. Every member of the JKNAP UK shall belong to a Unit, which is the basic structure of the organisation;

II. The name of the Unit shall be “The ........................................ Unit of the Jammu Kashmir National Awami Party UK or abbreviated JKNAP UK”;

a. Structure of the Unit

I. Each unit shall be headed by an officer recognised as the Unit Chairman

II. Unit chairman shall enjoy all the powers and shall assume all the roles and responsibilities at the unit level which are enjoyed and assumed by the party president at central level;

III. The general secretary and unit secretaries shall communicate all standing orders, rules, regulations, resolutions and policies adopted or made in terms of the Constitution to the structures of the JKNAP UK;

IV. The basic party unit shall have a unit chairman, a unit secretary and a unit treasurer;

V. The unit may elect a unit working committee to assist and support the unit officers;

b. The Functions of Units are to: 

I. Debate policy and participate in Party policy development;

II. Become involved in community issues; 

III. Campaign;

IV. Recruit members and supporters under the guidelines of Membership Officer;

V. Assist the Party Treasurer to raise funds for the Party; 

VI. Engage in social and other activities which are conducive to building a strong and effective branch and campaigns where appropriate in partnership with community organisations;

VII. The Unit shall enforce the Constitution in all matters and observe loyally the resolutions and decisions of National Convention, of the Jammu Kashmir National Awami Party UK (JKNAP);

VIII. Members who are more than three (3) months in arrears shall be deemed un-financial and shall not be permitted to take part in the affairs of the Party until such arrears are paid; 

IX. The officers of the Unit shall be the Chairperson, Secretary, Treasurer, and any additional committee members shall be elected at biennial General meeting shall form the Unit Committee;

X. The role of the Unit committee is to carry out the day-to-day activities of the Unit;

XI. Carry out the publicity and organisational work in its area in furtherance of the policies, programmes and decisions of the JKNAP UK;

XII. Submit reports on its work to the Organiser & to the National Working Council;

XIII. The role of the Unit Treasurer will be to assist the Party Treasurer who will control all finances centrally;

XIV. Each local unit shall hold at least one general meeting with all members in a period of three months;

XV. Quorum of the unit general meeting shall be 20% of all paid membership of the unit;

Rule 12 

MANAGEMENT OF ORGANISATIONAL DISCIPLINE

Duties of members, office bearers and public representatives

I. All members, office bearers and public representatives have a duty to familiarise themselves with the contents of the constitution, standing orders, rules, regulations, resolutions and policies adopted or made;

II. Any member, office bearer or public representative who fails, refuses and/or neglects to abide by the provisions of the constitution of the JKNAP UK, its standing orders, rules, regulations, resolutions and policies adopted or made, shall be liable to be disciplined in terms of this constitution;

Rule 13 

JURISDICTION

The JKNAP UK shall have jurisdiction to discipline any member, office bearer or public representative for committing:

I. Any act of misconduct as a member of the JKNAP UK that compromises the personal integrity and moral character; 

II. By virtue of his or her contract of deployment; 

III. By virtue of membership of any of the structures of the JKNAP UK;

Rule 14

Disciplinary Procedure 

In addition to rules 12 and 13, any member of the party found violating any clause of the party constitution, financial scheme of the party or/and any decision taken in any such meeting of any party forum for which an agenda was circulated in advance, the minutes were taken in the meeting and all decisions were duly and democratically taken, shall be disciplined in the following manner:

I. A show-cause notice shall be issued giving one month deadline for the explanation;

II. If no response is received or the response is not satisfactory, membership shall be suspended for a minimum of three months to a maximum of one year;

III. If during the membership suspension period, the accused member continues to pay party membership fee and takes an active part in all party activities, the membership shall be restored after the lapse of the suspension period;

IV. But if at the lapse of the suspended party membership period, the membership is not restored for any reason, the membership of the accused member shall stand terminated;

Rule 15 

PRESUMPTION OF KNOWLEDGE

a.  Notwithstanding a principle of this Constitution that a member is presumed  innocent until proven guilty;

b.  The charged member, in disciplinary proceedings, shall be presumed to  have knowledge of the documents and information referred to in Rules  above and shall bear the onus of rebutting this presumption;

c.  Disciplinary proceedings against a member shall not:

I. Be used as a means of stifling debate or denying members their basic democratic rights; or

II. Be instituted as a means of solving private problems or as a means of interfering in the private lives of members where the norms of the Party are not directly affected, unless such conduct itself constitutes a violation or an offence affecting the Party;

Rule 16 

SPECIAL CONVENTION

I. A Special Convention of the JKNAP UK may be convened by the National Working Council at any time or at the request of a majority of the Units for the stated purpose or purposes;

II. Not less than fourteen days notice of such Convention shall be given; 

III. Participation at the Convention shall be determined by the National Working Council, provided that Units are represented at such a Convention in proportion to their membership;

Rule 17 

CONTRACTUAL LIABILITY

I. Only the Central Cabinet shall have the authority to bind the JKNAP UK or to create any legal relationship;

II. Any other person purporting to bind the JKNAP UK must produce a written authorisation from the Party President, which must indicate the extent of that person's authority;

Rule 18

THE PARTY’s FINANCIAL SCHEME

I. The party has adopted to register with the Electoral Commission a financial scheme, whereby the party has processes in place to ensure compliance with its legal obligations; 

II. The Party Treasurer will ensure that the registered leader & all other officers & members of Jammu Kashmir National Awami Party UK (JKNAP UK) have sufficient knowledge of party’s financial obligations under the Act to ensure that the party as a whole complies with these obligations;

III. In case there is any discrepancy between the party financial scheme and the constitution, the party financial scheme shall prevail over the constitution and any such inconsistency shall be removed through amendments to the constitution by convening a special convention; 

Rule 19 

STATUTORY OFFICERS

In order to comply with statutory requirements, The party shall notify the Electoral Commission of:

I. A person to be registered as the party’s leader;

II. A person to be registered as the party’s nominating officer;

III. A person to be registered as the party’s treasurer;

IV. A person to be registered as the party’s campaigns officer;

V. Any other officers as appropriate and practicable;

Rule 20 

SELECTION OF THE CANDIDATES FOR ELECTIONS

a.  Main objective of the party registration with the electoral commission is to  contest elections at all levels throughout the UK; 

b.  The party shall invite applications from the public to contest elections; 

c. The candidates wishing the party nomination for the elections shall submit  their written nomination applications along with their CV and prescribed fees  to their local party unit;

I. for local elections, the local units shall democratically elect the candidates in their duly convened selection meetings and will finalise the selection list;

II. For the UK parliamentary elections and/or for the elections of the assemblies of Scotland, Wales and/or Scotland, the local Units shall elect the candidates democratically in their selection meetings and will forward the nomination applications with the recommendations and details of unit selection meetings to the central electoral commission of the party;

III. The central electoral commission of the party shall consist of party president, general secretary, organiser and two other members appointed by the National Working Council;

IV. Central electoral commission will consider all applications on their merit and will issue the final nomination list of the candidates;

V. The central electoral commission will have powers to accept or reject any application;

VI. If any application is rejected by the central electoral commission, it shall be sent back to the local unit which had forwarded it with the reasons of rejection;

VII. Any application rejected by the central electoral commission shall be reconsidered by the local unit in a duly convened special selection meeting where all objections of the central electoral commission shall be discussed and voted for;

VIII. If the local unit once again democratically elects the candidate in their special selection meeting, the application will be then sent back to the central electoral commission with the details and minutes of the local unit meeting;

IX. Any such nomination application which is duly forwarded to the central electoral commission for second time by a local unit shall be accepted by the central electoral commission;

X. The final list of all party candidates shall be issued by the central electoral commission;   

d.  Once a candidate is duly nominated for any election, all the election spending  shall be monitored and authorised by the party campaigns officer;

e.  Local units may elect local campaigns officers; 

f.  But all such campaigns officers shall work under the direct guidelines of the  party campaigns officer who shall authorise the spending for the local  elections and shall monitor all spending;

g.  Party campaigns officer shall be responsible to submit all returns of election  spending to the UK Electoral Commission as detailed in the party financial  scheme; 

Rule 21

BORROWING POWER

I. The National Working Council may from time to time borrow any amount of money, on such terms and conditions as the National Working Council considers fit, with the power from time to time to alter the terms of any such borrowing, and to secure such borrowing or any other obligations of the JKNAP UK by the mortgage or pledge, either generally or specifically, of the assets of the JKNAP UK;

II. As far as statutory requirements are concerned all the borrowings shall be monitored, controlled, spent and accounted for by the party treasurer;

Rule 22

GENERAL

The JKNAP UK shall have perpetual succession and power, apart from its individual members, to acquire, hold and alienate property, enter into agreements and do all things necessary to carry out its aims and objects and defend its members, its property and its reputation;

Rule 23 

AMENDMENTS

I. Any amendments to this Constitution shall be by a two-thirds majority of delegates present and voting at the National Convention or Special Convention; 

II. Notice of intent to propose any amendments to the Constitution should be forwarded to the General Secretary at least one month before the National or Special Convention;

III. The National Working Council shall give at least fourteen days notice for any Constitutional amendment;

Rule 24

DISSOLUTION

I. The National Convention or any Special Convention may dissolve the JKNAP UK and transfer the assets and liabilities of the JKNAP UK in such a manner as determined by the Convention, by way of a resolution passed by a eighty five percent (85%) majority of duly accredited delegates in good standing who are present and voting; 

II. Provided that the National Working Council shall have received notice of such resolution from a structure of the JKNAP UK at least 6 months before it was voted on by such convention.

This party constitution is unanimously approved and enacted at the party National Convention held on 28 April 2018 in Leeds West Yorkshire.