THE TRADE UNIONS ACT, 1926 - REGISTRATION OF TRADE UNIONS

CHAPTER II REGISTRATION OF TRADE UNIONS

3. Appointment of Registrars.

3. Appointment of Registrars.- 1*[(1)] 2*[The appropriate Government] shall appoint a person to be the Registrar of Trade Unions for 3*[each State].

4*[(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.

4. Mode of registration.- 5*[(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.

6*[(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,

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1.            S. 3 re-numbered as sub-section (1) thereof by Act 42 of 1960, s. 4.

2.            Subs. by the A. O. 1937, for "Each L. G.".

3.            Subs., ibid., for "the Province".

4.            Ins. by Act 42 of 1960, s. 4.

5.            S. 4 re-numbered as sub-section (1) thereof by s. 5, ibid.

6.            Ins. by s. 5, ibid.

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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.

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 the 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 1*[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.

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 the 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 1*[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

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1.  Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965).

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the number of honorary or temporary members as 1*[office-bearers] required under section 22 to form the executive of the Trade Union;

2*[(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 1*[office-bearers] of the Trade Union shall be appointed and removed;

(i) the safe custody of the funds of the Trade Union, an 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 1*[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 alteration ofname.

7. Power to call for further particulars and to require alteration of name.- (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.

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

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1.            Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965).

2.            Ins. by Act 42 of 1960, s. 6.

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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.

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.

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, or

(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 wilfully and after notice from the Registrar contravened any 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*[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 2***, 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 3*[appropriate Government] may appoint in this behalf for that area.

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1.            Subs. by Act 15 of 1928, s. 2, for the original section.

2.            The words "or of Rangoon" omitted by the A. O. 1937.

3.            Subs., ibid., for "L. G.".

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(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.

12. Registered office.- All communications 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 Unions.

13. Incorporation of registered Trade Unions.- 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.

14. Certain Acts not to apply to registered Trade Unions.- The