Trade Union Act
An Act to provide for the registration of trade unions and in certain respects to define the law relating to registered trade unions 2[* * *].
Chapter I - Preliminary
1. Short title, extent and commencement
Chapter V - Penalties And Procedure
2. Definitions
Chapter II - Registration Of Trade Union
3. Appointment of Registrars
4. Mode of registration
5. Application for registration
6. Provisions to be contained in the rules of a trade union
7. Power to call for further particulars and to require alternations of names
8. Registration
9. Certificate of registration
10. Cancellation of registration
11. Appeal
12. Registered office
13. Incorporation of registered trade union
14. Certain Acts not to apply to registered trade unions
Chapter III - Rights And Liabilities Of Registered Trade Unions
15. Objects on which general funds may be spent
16. Constitution of a separate fund for political purposes
17. Criminal Conspiracy in trade disputes
18. Immunity from civil suit in certain cases
19. Enforceability of agreements
20. Right to inspect books of trade unions
21. Rights of minors to membership of trade unions
21A. Disqualifications of office-bearers of trade unions
22. Proportion of office-bearers to be connected with the industry
23. Change of name
24. Amalgamation of trade unions
25. Notice of change of name or amalgamation
26. Effects of change of name and of amalgamation
27. Dissolution
28. Returns
Chapter IV - Regulations
29. Power to make regulations
30. Publication of regulations
Chapter V - Penalties And Procedure
31. Failure to submit returns
32. Supplying false information regarding trade unions
33. Cognizance of offences
1. Title and application
3. Application for registration
4. Register of trade unions
5. Certificate of registration
6. Cancellation of registration
7. Unions registered with 2[State] Registrars
8. Fees
9. Amendment of rules
10. Appeals
11. Funds of a dissolved trade union
12. Return
13. Auditors
14. Exception
15. Audit
16. Audit of political funds
17. Inspection
Form A. Application For Registration Of Trade Union
ScheduleI
Schedule II
Schedule III
Form C. Certificate Of Registration Of Trade Union
Form D. Annual Return Prescribed Under Section 28 Of The Indian Trade Unions Act, 1926, For The Year Ending On 31st March, 19
Chapter I - Preliminary
1. Short title, extent and commencement
(1) This Act may be called the 3[* * *] Trade Union
Act, 1926.
4[(2) It extends to the whole of
(3) It shall come into force on such 6[date] as the Central Government may by notification in the Official Gazette, appoint.
Chapter V - Penalties And Procedure
2. Definitions
In these regulations-
(a) "the Act" means the Indian Trade Union Act, 1926.
(b) "form" means a form appended to these regulations.
(c) "section" means a section of the Act.
Chapter II - Registration Of Trade Union
3. Appointment of Registrars
10[(1)] 11[The appropriate government] shall appoint
a person to be the Registrar of Trade Unions for 12[each State].
13[(2) The appropriate government may appoint as many
Additional and Deputy Registrars of Trade Unions as it thinks fit for the
purpose of exercising and discharging, under the superintendence and direction
of the Registrar, such powers and functions of the Registrar under this Act as
it may, by order, specify and define the local limits within which any such
Additional or Deputy Registrar shall exercise and discharge the powers and functions
so specified.
(3) Subject to the provisions of any order under sub-section (2), where an Additional or Deputy Registrar exercises and discharges the powers and functions of a Registrar in an area within which the registered office of a trade union is situated, the Additional or Deputy Registrar shall be deemed to be the Registrar in relation to the trade union for the purposes of this Act.]
4. Mode of registration
10[(1) Any seven or more members of a trade union may, by
subscribing their names to the rules of the trade union and by otherwise
complying with the provisions of this Act with respect to registration, apply
for registration of the trade union under this Act.
13[(2) Where an application has been made under sub-section (1) for the registration of a trade union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the trade union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the trade union or have given notice in writing to the Registrar dissociating themselves from the application.]
5. Application for registration
(1) Every application for registration of a trade union shall be
made to the Registrar and shall be accompanied by a copy of the rules of the
trade union and a statement of the following particulars, namely:-
(a) the names, occupations and addresses of
the members making application;
(b) the name of the trade union and the
address of its head office; and
(c) the titles, names, ages, addresses and
occupations of the 8[office-bearers] of the trade union.
(2) Where a trade union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the trade union prepared in such form and containing such particulars as may be prescribed.
6. Provisions to be contained in the rules of a trade union
A trade union shall not be entitled to registration under this
Act, unless the executive thereof is constituted in accordance with the
provisions of this Act, and the rules thereof provide for the following
matters, namely:-
(a) the name of trade union;
(b) the whole of the objects for which the trade union has been
established;
(c) the whole of the purposes for which the general funds of the
trade union shall be applicable, all of which purposes shall be purposes to
which such funds are lawfully applicable under this Act;
(d) the maintenance of a list of the members of the trade union
and adequate facilities for the inspection thereof by the 8[office-bearers]
and members of the trade union;
(e) the admission of ordinary members who shall be persons
actually engaged or employed in an industry with which the trade union is
connected, and also the admission of the number of honorary or temporary
members as 8[office bearers] required under section 22 to form the
executive of the trade union;
13[(ee the payment of a subscription by members of the trade
union which shall be not less than twenty-five naye paise per month per
member;]
(f) the conditions under which any member shall be entitled to
any benefit assured by the rules and under which any fine or forfeiture may be
imposed on the members;
(g) the manner in which the rules shall be amended, varied or
rescinded;
(h) the manner in which the members of the executive and the
other 8[office-bearers] of the trade union shall be appointed and
removed;
(i) the safe custody of the funds of the trade union, and annual
audit, in such manner as may be prescribed, of the accounts thereof, and
adequate facilities for the inspection of the account books by the 13[office-bearers]
and members of the trade union; and
(j) the manner in which the trade union may be dissolved.
7. Power to call for further particulars and to require alternations of names
(1) The Registrar may call for further information for the
purpose of satisfying himself that any application complies with the provisions
of section 5, or that the trade union is entitled to registration under section
6, and may refuse to register the trade union until such information is
supplied
(2) If the name under which a trade union is proposed to be registered is identical with that by which any other existing trade union has been registered or, in the opinion of the Registrar, so nearly resembles such name as to be likely to deceive the public or the members of either trade union, the Registrar shall require the persons applying for registration to alter the name of the trade union stated in the application, and shall refuse to register the union until such alteration has been made.
8. Registration
The Registrar, on being satisfied that the trade union has complied with all the requirements of this Act in regard to registration, shall register the trade union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union contained in the statement accompanying the application for registration.
9. Certificate of registration
The Registrar, on registering a trade union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the trade union has been duly registered under this Act.
10. Cancellation of registration
A certificate of registration of a trade union may be withdrawn
or cancelled by the Registrar-
(a) on the application of the trade union to be verified in such
manner as may be prescribed:
(b) if the Registrar is satisfied that the certificate has been
obtained by fraud or mistake or that the trade union has ceased to exist or has
willfully and after notice from the Registrar contravened by provision of this
Act or allowed any rule to continue in force which is inconsistent with any
such provision, or has rescinded any rule providing for any matter provision
for which is required by section 6:
PROVIDED that not less than two months� previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is withdrawn or cancelled otherwise than on the application of the trade union.
11. Appeal
(1) Any person aggrieved by any refusal of the Registrar to register
a trade union or by the withdrawal or cancellation of a certificate of
registration may, within such period as may be prescribed, appeal-
(a) where the head office of the trade union
is situated within the limits of a Presidency town 15[***] to the
High Court, or
(b) where the head office is situated in any
other area, to such Court, not inferior to the court of an additional or
assistant Judge of a principal civil court of original jurisdiction, as the 16[appropriate
government] may appoint in this behalf for that area.
(2) The appellate court may dismiss the appeal, or pass an order
directing the Registrar to register the union and to issue a certificate of
registration under the provisions of section 9 or setting aside the order for
withdrawal or cancellation of the certificate, as the case may be, and the
Registrar shall comply with such order.
(3) For the purpose of an appeal under sub-section (1), an
appellate court shall, so far as may be, follow the same procedure and have the
same powers as it follows and has when trying a suit under the Code of Civil
Procedure, 1908, (5 of 1908) and may direct by whom the whole or any part of
the costs of the appeal shall be paid, and such costs shall be recovered as if
they had been awarded in a suit under the said Code.
(4) In the event of the dismissal of an appeal by any court appointed under clause (b) of sub-section (1) the person aggrieved shall have a right of appeal to the High Court, and the High Court shall, for the purpose of such appeal, have all the powers of an appellate court under sub-sections (2) and (3), and the provisions of those sub-sections shall apply accordingly.]
12. Registered office
All communications and notices to a registered trade union may be addressed to its registered office. Notice of any change in the address of the head office shall be given within fourteen days of such change to the Registrar in writing, and the changed address shall be recorded in the register referred to in section 8.
13. Incorporation of registered trade union
Every registered trade union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.
14. Certain Acts not to apply to registered trade unions
The following Acts, namely-
(a) The Societies Registration Act, 1860, (21 of 1860)
(b) The Co-operative Societies Act, 1912 (2 of 1912)
17[(c) The Companies Act, 1956, (1 of 1956)
shall not apply to any registered trade union, and the registration of any such trade union under any such Act shall be void.
Chapter III - Rights And Liabilities Of Registered Trade Unions
15. Objects on which general funds may be spent
The general funds of a registered trade union shall not be spent
on any other objects than the following namely-
(a) the payment of salaries, allowances and expenses to 8[office-bearers]
of the trade unions;
(b) the payment of expenses for the administration of the trade
union, including audit of the accounts of the general funds of the trade union;
(c) the prosecution or defense of any legal proceeding to which
the trade union or any member thereof is a party, when such prosecution of
defense is undertaken for the purpose of securing or protecting any rights of
the trade union as such or any rights arising out of the relations of any
member with his employer or with a person whom the member employs;
(d) the conduct of trade disputes on behalf of the trade union
or any member thereof;
(e) the compensation of members for loss arising out of trade
disputes;
(f) allowances to members or their dependants on account of
death, old age, sickness, accidents or unemployment of such members;
(g) the issue of, or the undertaking of liability under,
policies of assurance on the lives of members, or (under) policies insuring
members against sickness, accident or unemployment;
(h) the provision of education, social or religious benefits for
members (including the payment of the expenses of funeral or religious
ceremonies for deceased members) or for the dependants of members;
(i) the upkeep of a periodical published mainly for the purpose
of discussing questions affecting employers or workmen as such;
(j) the payment, in furtherance of any of the objects on which
the general funds of the trade union may be spent, of contributions to any
cause intended to benefit workmen in general provided that the expenditure in
respect of such contributions in any financial year shall not at any time
during that year be in excess of one-fourth of the combined total of the gross
income which has up to that time accrued to the general funds of the trade
union during that year and of the balance at the credit of those funds at the
commencement of that year; and
(k) subject to any conditions contained in the notification, any other object notified by the 18[appropriate government] in the Official Gazette.
16. Constitution of a separate fund for political purposes
(1) A registered trade union may constitute a separate fund,
from contributions separately levied for or made to that fund, from which
payments may be made, for the promotion of the civic and political interests of
its members, in furtherance of any of the objects specified in sub-section (2).
(2) The objects referred to in sub-section (1) are:
(a) the payment of any expenses incurred,
either directly or indirectly, by a candidate or prospective candidate for
election as a member of any legislative body constituted under 19[*
* *] 20[the Constitution] or of any local authority, before, during
or after the election in connection with his candidature or election; or
(b) the holding of any meeting or the
distribution of any literature or documents in support of any such candidate;
or
(c) the maintenance of any person who is a
member of any legislative body constituted under 19[***] 20[the
Constitution] or for any local authority; or
(d) the registration of electors or the
selection of a candidate for any legislative body constituted under 19[***]
20[the Constitution] or for any local authority ; or
(e) the holding of political meetings of any
kind, or the distribution of political literature or political documents of any
kind.
21[(2A) In its application to the State of Jammu and
Kashmir, references in sub-section (2) to any legislative body constituted
shall be construed as including references to the Legislature of that State].
(3) No member shall be compelled to contribute to the fund constituted under sub-section (1); and a member who does not contribute to the said fund shall not be excluded from any benefits of the trade union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the trade union.
17. Criminal Conspiracy in trade disputes
No 8[office-bearer] or member of a registered trade union shall be liable to punishment under sub-section (2) of section 120B of the Indian Penal Code, 1860 (45 of 1860) in respect of any agreement made between the members for the purpose of furthering any such object of the trade union as is specified in section 15, unless the agreement is an agreement to commit an offence.
18. Immunity from civil suit in certain cases
(1) No suit or other legal proceeding shall be maintainable in
any civil court against any registered trade union or any 8[office-bearer]
or member thereof in respect of any act done in contemplation or furtherance of
a trade dispute to which a member of the trade union is a party on the ground
only that such act induces some other person to break a contract of employment,
or that it is in interference with the trade, business or employment of some
other person or with the right of some other person to dispose of his capital
or of his labor as he wills.
(2) A registered trade union shall not be liable in any suit or other legal proceeding in any civil court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the trade union.
19. Enforceability of agreements
Notwithstanding anything contained in any other law for the time
being in force, an agreement between the members of a registered trade union
shall not be void or voidable merely by reason of the fact that any of the
objects of the agreement are in restraint of trade:
PROVIDED that nothing in this section shall enable any civil court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a trade union shall or shall not sell their goods transact business, work, employ or be employed.
20. Right to inspect books of trade unions
The account books of a registered trade union and the list of members thereof shall be open to inspection by an 8[office-bearer] or member of the trade union at such times as may be provided for in the rules of the trade union.
21. Rights of minors to membership of trade unions
Any person who has attained the age of fifteen years may be a member of a registered trade union subject to any rules of the trade union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and execute all instruments and give all acquaintances necessary to be executed or given under the rules:
21A. Disqualifications of office-bearers of trade unions
(1) A person shall be disqualified for being chosen as, and for being member of the executive or any other office bearer of a registered trade union if-
(i) he has not attained the age of eighteen years;
(ii) he has been convicted by court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.
(2) Any member of the executive or other office-bearer of a registered trade union who, before the commencement of the Indian Trade Union (Amendment) Act, 1964, has been convicted of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such commencement cease to be such member or office-bearer unless a period of five years has elapsed since his release before that date].
21[(3) In its application to the State of Jammu and Kashmir, reference in sub-section (2) to the commencement of the Indian Trade Union (Amendment) Act, 1964, shall be construed as reference to the commencement of this Act in the said State].
22. Proportion of office-bearers to be connected with the industry
Not less than one-half of the total number of the 8[office-bearers]
of every registered trade union shall be persons actually engaged or employed
in an industry with which the trade union connected:
PROVIDED that the 24[appropriate
government] may, by special or general order, declare that the provisions of
this section shall not apply to any trade union or class of trade unions
specified in the order.
Comment: The provisions contained in Sections 6 and 22 reproduced above relate to the registration of a Trade Union and constitution of the executive of the said Union. The provisions of Sections 6 and 22 indicate that an ordinary or a temporary member may be an office bearer but they nowhere provide that such a member shall also have a right to negotiate with the management or the management would be under an obligation to negotiate with an office bearer of the Union who is no longer in the employment of the Industry which the Trade Union is connected. State Bank of India Staff Association v. State Bank of India AIR 1996 SUPREME COURT 1685
23. Change of name
Any registered trade union may, with the consent of not less than two-thirds of the total number of members and subject to the provisions of section 25, change its name.
24. Amalgamation of trade unions
Any two or more registered trade unions may become amalgamated together as one trade union with or without dissolution or division of the funds of such trade unions or either or any of them, provided that the votes of at least one-half of the members of each or every such trade union entitled to vote are recorded, and that at least sixty per cent of the votes recorded are in favor of the proposal.
25. Notice of change of name or amalgamation
(1) Notice in writing of every change of name and of every
amalgamation signed, in the case of a change of name, by the Secretary and by
seven members of the trade union changing its name, and in the case of an
amalgamation, by the Secretary and by seven members of each and every trade
union which is a party thereto, shall be sent to the Registrar and where the
head office of the amalgamated trade union is situated in a different State, to
the Registrar of such State.
(2) If the proposed name is identical with that by which any
other existing trade union has been registered or, in the opinion of the
Registrar, so nearly resembles such name as to be likely to deceive the public
or the members of either trade union, the Registrar shall refuse to register
the change of name.
(3) Save as provided in sub-section (2), the Registrar shall, if
he is satisfied that the provisions of this Act in respect of change of name
have been complied with, register the change of name in the register referred
to in section 8, and the change of name shall have effect from the date of such
registration.
(4) The Registrar of the State in which the head office of the amalgamated trade union is situated shall, if he is satisfied that the provisions of this Act in respect of amalgamation have been complied with and that the trade union formed thereby is entitled to registration under section 6, register the trade union in the manner provided in section 8 and the amalgamation shall have effect from the date of such registration.
26. Effects of change of name and of amalgamation
(1) The change in the name of a registered trade union shall not
affect any rights or obligations of the trade union or render defective any
legal proceeding by or against the trade union, and any legal proceeding which
might have been continued or commenced by or against it by its former name may
be continued or commenced by or against it by its new name.
(2) An amalgamation of two or more registered trade unions shall not prejudice any right of any of such trade unions or any right of a creditor of any of them.
27. Dissolution
(1) When a registered trade union is dissolved, notice of the
dissolution signed by seven members and by the Secretary of the trade union
shall, within fourteen days of the dissolution be sent to the Registrar, and
shall be registered by him if he is satisfied that the dissolution has been
effected in accordance with the rules of the trade union, and the dissolution
shall have effect from the date of such registration.
(2) Where the dissolution of a registered trade union has been registered and the rules of the trade union do not provide for the distribution of funds of the trade union on dissolution, the Registrar shall divide the funds, amongst the members in such manner as may be prescribed.
28. Returns
(1) There shall be sent annually to the Registrar, on or before
such date as may be prescribed, a general statement, audited in the prescribed
manner, of all receipts and expenditure of every registered trade union during
the year ending on the 31st day of 25[December] next preceding such
prescribed date, and of the assets and liabilities of the trade union existing
on such 31st day of 25[December]. The statement shall be prepared in
such form and shall comprise such particulars as may be prescribed.
(2) Together with the general statement there shall be sent to
the Registrar a statement showing changes of 26[office-bearers] made
by the trade union during the year to which the general statement refers
together also with a copy of the rules of the trade union corrected up to the
date of the dispatch thereof to the Registrar.
(3) A copy of every alteration made in the rules of a registered
trade union shall be sent to the Registrar within fifteen days of the making of
the alteration.
13[(4) For the Purpose of examining the documents referred to in sub-sections (1), (2) and (3), the Registrar, or any officer authorized by him by general or special order, may at all reasonable times, inspect the certificate of registration, account books, registers, and other documents, relating to a trade union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a trade union.]
Chapter IV - Regulations
29. Power to make regulations
(1) 27[* * *] The 16[appropriate
government] may make regulations for the purpose of carrying into effect the
provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the following
matters namely :-
(a) the manner in which trade unions and the
rules of trade unions shall be registered and the fees payable on registration;
(b) the transfer of registration in the case
of any registered trade union which has changed its head office from one State
to another ;
(c) the manner in which, and the
qualifications of persons by whom, the accounts of registered trade unions or
of any class of such unions shall be audited;
(d) the conditions subject to which inspection
of documents kept by Registrars shall be allowed and the fees which shall be
chargeable in respect of such inspections, and
(e) any matter which is to be or may be prescribed.
30. Publication of regulations
(1) The power to make regulations conferred by section 29 is
subject to the condition of the regulations being made after previous
publication.
(2) The date to be specified in accordance with clause (3) of
section 23 of the General Clauses Act, 1897 (10 of 1897), as that after which a
draft of regulations proposed to be made will be taken into consideration shall
not be less than three months from the date on which the draft of the proposed
regulations was published for general information.
(3) Regulations as made shall be published in the Official Gazette, and on such publication shall have effect as if enacted in this Act.
Chapter V - Penalties And Procedure
31. Failure to submit returns
(1) If default is made on the part of any registered trade union
in giving any notice or sending any statement or other document as required by
or under any provisions of this Act, every 8[office-bearer] or other
person bound by the rules of the trade union to give or send the same, or, if
there is no such 8[office-bearers] or person, every member of the
executive of the trade union, shall be punishable with fine which may extend to
five rupees and, in the case of a continuing default, with an additional fine
which may extend to five rupees for each week after the first during which the
default continues :
PROVIDED that the aggregate fine shall not exceed fifty
rupees.
(2) Any person who willfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by section 28, or in or from any copy of rules or of alterations of rules sent to the Registrar under that section, shall be punishable with fine which may extend to five hundred rupees.
32. Supplying false information regarding trade unions
Any person who, with intent to deceive, gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union any document purporting to be a copy of the rules of the trade union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the intent, gives a copy of any rules of an unregistered trade union to any person on the pretence that such rules are the rules of a registered trade union, shall be punishable with fine which may extend to two hundred rupees.
33. Cognizance of offences
(1) No court inferior to that of a Presidency Magistrate or a
Magistrate of the first class shall try any offence under this Act.
(2) No court shall take cognizance of any offence under this Act, unless complaint thereof has been made by, or with the previous sanction of, the Registrar or, in the case of an offence under section 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed.
1. Title and application
(1) These regulations may be called the Central Trade Union
Regulations, 1938.
(2) The regulations apply to trade unions whose objects are not confined to one 1[State].
3. Application for registration
Every application for registration of a trade union shall be made in Form A.
4. Register of trade unions
The Register of Trade Unions referred to in section 8 shall be maintained in Form B.
5. Certificate of registration
(1) The Certificate of Registration issued by the Registrar
under section 9 shall be in Form C.
(2) When the Registrar registers a change of name under section 25, sub-section (3), he shall certify under his signature at the foot of the certificate on its presentation to him by the Secretary that the new name has been registered.
6. Cancellation of registration
The Registrar on receiving an application for the cancellation of registration shall, before granting the application, satisfy himself that the withdrawal or cancellation of registration was approved by a general meeting of the trade union, or if it was not so approved, that it has the approval of the majority of the members of the trade union. For this purpose, he may call for such further particulars as he may deem necessary and may examine any officer of the union.
7. Unions registered with 2[State] Registrars
7. Unions registered with State Registrars
If the application is made by a trade union which has previously been registered by the Registrar of any 1[State] the union shall submit with its application a copy of the certificate of registration granted to it and copies of the entries relating to it in the Register of Trade Unions for the 1[State].
8. Fees
The fee payable for the registration of a trade union shall be Rs. 5.
9. Amendment of rules
(1) On receiving a copy of an application made in the rules of a
trade union under section 28(3), the Registrar, unless he has reason to believe
that the alteration has not been made in the manner provided by the rules of
the trade union, shall register the alteration in a register to be maintained
for this purpose and shall notify the fact that he has done so to the Secretary
of the trade union.
(2) The fee payable for registration of alteration of rules shall be Re. 1 for each set of alterations made simultaneously.
10. Appeals
Any appeal made under section 11(l) of the Act must be filed within sixty days of the date on which the Registrar passed the order against which the appeal is made.
11. Funds of a dissolved trade union
Where it is necessary for the Registrar, under section 27(2) to distribute the funds of a trade union which has been dissolved, he shall divide the funds in proportion to the amounts contributed by the members by way of subscription during this membership.
12. Return
The annual return to be furnished under section 28 shall be submitted to the Registrar by the 31st day of July in each year and shall be in Form D.
13. Auditors
(1) Save as provided in sub-clauses (2), (3) and (5) of this
regulation, the annual audit of the account of any registered trade union shall
be conducted by an auditor authorized to audit the accounts of companies under
section 144(1) of the Indian Companies Act, 1913 or under section 3(2) of the
Indian Companies (Amendment) Act, 1930.
(2) Where the membership of trade union did not at any time
during the financial year exceed 2,500, the annual audit of the accounts may be
conducted-
(a) by any examiner of local fund accounts; or
(b) by any local fund auditor appointed by the
2[State] Government; or
(c) by the person, who, having held an
appointment under government in any audit or accounts departments, is in
receipt of a pension of not less than Rs. 200 per mensem.
(3) Where the membership of a trade union did not at any time
during the financial year exceed 750, the annual audit of the accounts may be
conducted-
(a) by any two persons holding office as magistrates
or judges or as members of any municipal council, district board, or
legislative body; or
(b) by any person, who, having held an
appointment under Government in any audit or accounts department, is in receipt
of a pension from government of not less than Rs. 75 a month, or
(c) by any auditor appointed to conduct the
audit of any co-operative societies by government or by the Registrar of
Co-operative Societies or by any 2[state] co-operative organizations
recognized by government for this purpose.
(4) Where the membership of a trade union did not at any time
during the financial year exceed 250, the annual audit of the accounts may be
conducted by any two members of the union.
(5) Where the trade union is a federation of unions, and the number of unions affiliated to it at any time during the financial year did not exceed 50,51 or 5, respectively, the audit of the accounts of the federation may be conducted as if it had not at any time during the year had a membership of more than 2,500, 750 or 250, respectively.
14. Exception
Notwithstanding anything contained in Regulation 13, no person, who, at any time during the year, was entrusted with any part of the funds or securities belonging to the trade union shall be eligible to audit the accounts of that union.
15. Audit
The auditor or auditors appointed in accordance with the
regulations shall be given access to all the books of the trade union and shall
verify the annual return with the accounts and vouchers relating thereto and
shall thereafter sign the auditor�s declaration appended to Form D, indicating
separately on that form under his signature or their signatures a statement
showing in what respect he or they find the return to be incorrect, untouched
or not in accordance with the Act. The particulars given in this statement
shall indicate-
(a) every payment which appears to be unauthorized by the rules
of the trade union or contrary to the provisions of the Act,
(b) the amount of any deficiency or loss which appears to have
been incurred by the negligence or misconduct of any person,
(c) the amount of any sum which ought to have been but is not brought to account by any person.
16. Audit of political funds
The audit of the political funds of a registered trade union shall be carried out along with the audit of the general account of the trade union and by the same auditor or auditors.
17. Inspection
(1) The register of trade unions maintained in accordance with
Regulation 4 shall be open to inspection by any person on payment of a fee of
annas eight.
(2) Any documents in the possession of the Registrar received
from a registered trade union may be inspected by any member of that Union on
payment of a fee of annas eight for each document inspected.
(3) Documents shall be open to inspection every day on which the
office of the Registrar is open and within such hours as may be fixed for this
purpose by the Registrar.
(4) The Registrar may supply a certified copy of any such document to a registered trade union or a member thereof on payment of annas twelve for the first two hundred words (or less) and annas six for every additional hundred words or fractional part thereof.
Form A. Application For Registration Of Trade Union
Dated the __________ day of __________ 19
1. We hereby apply for the registration of a trade union under
the name of _______________
2. The address of the head office of the Union is
___________________________
3. The union came into existence on the _________ day of _______
19_____
4. The union is a Union of employers/workers engaged in the
industry (or profession).
5. The particulars required by section 5(1)(c) of the Indian
Trade Unions Act, 1926, are given in Schedule I.
6. The particulars given in Schedule II show the provisions made
in the rules for the matters detailed in section 6 of the Indian Trade Union
Act, 1926.
7. (To be struck out in the case of unions which have not been
in existence for one year before the date of application). The particulars
required by section 5(2) of the Indian Trade Unions Act, 1926, are given in
Schedule III . (State whether the authority was given by a resolution
of a general meeting of the union, if not, in what other way it was given)
8. We have been duly authorized to make this application.
S. No. |
Occupation |
Address |
Signed |
1 |
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2 |
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3 |
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4 |
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5 |
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To the Registrar of Central Trade Unions, Delhi.
ScheduleI
SCHEDULE I : List of Officers
Title |
Name |
Age |
Address |
Occupation |
|
|
|
|
|
Note : Enter in this Schedule the names of all members of the executive of the union showing in column 1 the names of any posts held by them (e.g., President, Secretary, Treasurer, etc.) in addition to their offices as members of the executive.
Schedule II
SCHEDULE II : Reference to Rules
The numbers of the rules-making provision for the several
matters detailed in column 1 are given in column 2 below:
Matter |
Number of rules |
1 |
2 |
Name of union |
|
The whole of the objects for which the union has been
established . |
|
The whole of the purposes for which the general funds of the
union shall be applicable. |
|
The maintenance of a list of members. |
|
The facilities provided for the inspection of the list of
members by officers and members . |
|
The admission of ordinary members . |
|
The admission of honorary or temporary members . |
|
The conditions under which members are entitled to benefit
assured by the rules. |
|
The conditions under which fines or forfeitures can be imposed
or varied . |
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The manner in which the rule shall be amended, varied or
rescinded. |
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The manner in which the members of the executive and the other
officer of the union shall be appointed and removed. |
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The safe custody of the funds . |
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The annual audit of the accounts . |
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The facilities for the inspection of the account books by
officers and members. |
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The manner in which the union may be dissolved. |
|
Schedule III
SCHEDULE III : Statement of Liabilities and Assets on The_________ Day of 19
(This need not be filled in if the union came into
existence less than one year before the date of application for registration.)
Liabilities |
Rs. P. |
Assets |
Rs. P. |
Amount of general fund Amount of political fund Loans _________ from Other liabilities (to be specified) |
|
Cash � In hands of Treasurer In hands of Secretary In hands of In the Bank In the Bank Securities as per list below Unpaid subscription due Loans to Immovable property Goods and furniture Others assets (to be specified) |
|
Total Liabilities |
|
Total Assets |
|
LIST OF SECURITIES
Particulars |
Nominal |
Market value |
In hands of |
Signed 1. |
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4. |
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2. |
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5. |
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3. |
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6. |
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Form C. Certificate Of Registration Of Trade Union
No ____________________
It is hereby certified that the ________________ has been
registered under the Indian Trade Unions Act, 1926. this ___________ day of __________
19
Seal Registrar of Central Trade Unions
Form D. Annual Return Prescribed Under Section 28 Of The Indian Trade Unions Act, 1926, For The Year Ending On 31st March, 19
FORM D : Annual Return Prescribed Under Section 28 of the Indian Trade Unions Act, 1926, for the Year Ending on 31st March, 19_____
Name of Union.
Registered Head Office
Number of certificate of registration.
Return to be made by federations of trade unions |
Number of unions affiliated at the beginning of year |
|
Number of unions joining during the year. |
This return need not be made by federations of trade unions. |
Number of unions disaffiliated at the end of year. |
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Number of members on books at the beginning of year. |
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Number of members admitted during the year (add) together. |
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Number of members who left during the year (deduct). |
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Total number of members on books at the end of the year. |
|
Males |
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Females |
|
Number of members contributing to political fund. |
A copy of the rules of the trade union, corrected up to the date
of dispatch of this return, is appended.
Dated the _________ day of ______ 19______ Secretary
STATEMENT OF LIABILITIES AND ASSETS ON THE _______ DAY ________
OF _______ 19___
Liabilities |
Rs. P. |
Assets |
Rs. P. |
Amount of general fund Amount of political fund Loans from Debts due to Other liabilities (to be specified) |
|
Cash- In hands of Treasurer In hands of Secretary In hands of � In the Bank In the Bank Securities as per list below Unpaid subscriptions due Loans to Immovable property Goods and furniture Others assets (to be specified) |
|
Total Liabilities |
|
Total Assets |
|
LIST OF SECURITIES
Particulars |
Nominal value |
Market � value at date on which accounts have been made up |
In hands of |
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Treasurer
GENERAL FUND ACCOUNT
Income |
Rs. P. |
Expenditure |
Rs. P. |
Balance at beginning of year Contributions from members as per members Donations Sale of periodicals, rules, etc. |
|
Salaries, allowances and expenses of officers Salaries, allowances and expenses of establishment Auditor�s fee Legal expenses |
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Interest on investments Income from miscellaneous sources (to be specified) |
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Expenses in conducting trade disputes Compensation paid to members for loss arising out of trade
disputes |
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Funeral, old age, sickness, unemployment benefits, etc. Educational, social and religious benefits Cost of publishing periodical Rents, rates and taxes Stationary, printing and postage Expenses incurred under section 15(j) of the Indian Trade
Unions Act,1926 (to be specified) Other expenses (to be specified) Balance at the end of year |
|
Total |
|
Total |
|
POLITICAL FUND ACCOUNT
|
Rs. P. |
|
Rs. P. |
Balance at beginning of year |
|
Payments made on objects specified in section 16(2) of the
Indian Trade Unions Act, 1926 (to be specified) |
|
Contribution from members as per member |
|
Expenses of managements (to be specified) |
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Balance at the end of year |
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Total |
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Total |
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Treasurer
AUDITOR�S DECLARATION
The undersigned, having had access to all the books and accounts
to the trade union and having examined the foregoing statements and verified
the same as found to be correct, duly vouched and in accordance with the law,
subject to the remarks, if any, appended hereto.
Auditor
The following changes of officers have been made during the
year-
OFFICERS RELINQUISHING OFFICE
Name |
Office |
Date of relinquishing |
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OFFICERS APPOINTED
Name |
Age |
Office |
Address |
Occupation |
Date of appointment |
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Secretary