It was indeed a pleasure to see that there were maximum no of hits on the Message for the Checklist on Corporate and Labour Laws which Sumit had asked for. ALmost everyone wanted the Readymade Checklist. I thought it would be good, if we guys start discussing and debating something on the subject rather than asking for the tailor made solutions. Taking step forward in this directions, complied herein below are some of the FAQ ( which can also be used like a CHECKLIST) for Trade Unions Act. requesting all the members to debate and discuss on the same and then finalise something which is fool proof.
1. APPLICABILITY:
It extends to the whole of India.
2. TRADE UNIONS:
Means any combination whether temporary or permanent formed primarily for the purpose of regulating the relations between workmen and employers for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions.
3. How do we Register a Trade Union ?
(Section 4 and 5 read with Regulation: 3 & 5)
Any seven or more members of a trade union may apply for registration of a trade union in Form - A to the Registrar appointed for the area. The application shall be accompanied by Schedule I, Schedule II and a byelaw and a resolution authorising seven ordinary members of the union to make an application for registration of the union, and a treasury chalan of Rs.100/- remitted as registration fee.
4. What is the Proof of Registration of a Trade Union?
(Section 8 & read with Regulation 6)
On receipt of the application for registration, the Registrar, after making reasonable enquiry issue a Registration Certificate in Form - B
5. How does a Trade Union’s Registration gets cancelled?
(Section 10 read with Regulations 8 to 12)
1. On an application of a Trade Union in Form-D, or
2. If the Registrar is satisfied that the certificate is obtained by fraud of mistake or that the trade union had ceased to exist or willfully and after notice from the Registrar contravened any provisions of the Act or rules etc.
6. Where do we file appeal against the order of Registrar?
(Section 11 read with Regulation 13)
Any person aggrieved by any order of the Registrar may appeal within two months to the Civil Court not inferior to the court of an Additional or Assistant Principal Civil Court.
7. How do we Change the name of a Trade union?
(Section - 23 read with Regulation - 16)
Any registered trade union may with the consent of not less that 2/3 of its total members may make application in Form-H, for the change of its name
8. Are we required to file an Annual Return for the Trade Union?
(Section 28 read with Regulation 21)
Every trade union shall send annual returns to the Registrar in triplicate on or before the 1st day of May of the year succeeding the calendar year in Form-L in the case of individual trade unions and in Form-LL in the case of federation of trade unions
9. What is the penalty for the non filing of a Return?
(Section 31).
Offences punishable for the failure to submit returns may extend to Rs.5/- and in the case of continuing default with an additional fine which may extend to Rs.5/- for each week and shall not exceed Rs.50.00. Any person who willfully makes, or causes to be made any false entry or any omission from the general statement required by Section 28 etc. shall be punishable which may extend to Rs.500/-. Registered trade unions, furnishing false informations, shall be punishable with fine which may extend to Rs.200/-
10. Who can prosecute a Trade Union?
1. Registrar
2. Persons with the previous sanction of the Registrar.
3. Aggreived person under Section 32.The complaint shall be filed within six months of the date on which the offence is alleged to have been committed. No court inferior to that of a Presidency Magistrate or a Magistrate of First Class shall try any offence under the Act.
11. Can a Trade Union be Amalgamated with another trade union?
(Section 24 to 26 read with Regulation 18)
Any two or more registered trade unions may become amalgamated together as one trade union provided the votes of at least one half of the members of each or every such trade union entitled to vote and at least 60% of the votes re corded are in favour of the proposal. Notice of the amalgamation shall be sent to the Registrar in duplicate in Form-J
12. How can we dissolve a Trade Union?
(Section 27 read with Regulation 19)
When a registered trade union is dissolved the notice of dissolution shall be sent to the Registrar in Form - K, within 14 days of the dissolution along with the registration certificate.
From India, Bangalore
321. APPLICABILITY:
It extends to the whole of India.
2. TRADE UNIONS:
Means any combination whether temporary or permanent formed primarily for the purpose of regulating the relations between workmen and employers for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions.
3. How do we Register a Trade Union ?
(Section 4 and 5 read with Regulation: 3 & 5)
Any seven or more members of a trade union may apply for registration of a trade union in Form - A to the Registrar appointed for the area. The application shall be accompanied by Schedule I, Schedule II and a byelaw and a resolution authorising seven ordinary members of the union to make an application for registration of the union, and a treasury chalan of Rs.100/- remitted as registration fee.
4. What is the Proof of Registration of a Trade Union?
(Section 8 & read with Regulation 6)
On receipt of the application for registration, the Registrar, after making reasonable enquiry issue a Registration Certificate in Form - B
5. How does a Trade Union’s Registration gets cancelled?
(Section 10 read with Regulations 8 to 12)
1. On an application of a Trade Union in Form-D, or
2. If the Registrar is satisfied that the certificate is obtained by fraud of mistake or that the trade union had ceased to exist or willfully and after notice from the Registrar contravened any provisions of the Act or rules etc.
6. Where do we file appeal against the order of Registrar?
(Section 11 read with Regulation 13)
Any person aggrieved by any order of the Registrar may appeal within two months to the Civil Court not inferior to the court of an Additional or Assistant Principal Civil Court.
7. How do we Change the name of a Trade union?
(Section - 23 read with Regulation - 16)
Any registered trade union may with the consent of not less that 2/3 of its total members may make application in Form-H, for the change of its name
8. Are we required to file an Annual Return for the Trade Union?
(Section 28 read with Regulation 21)
Every trade union shall send annual returns to the Registrar in triplicate on or before the 1st day of May of the year succeeding the calendar year in Form-L in the case of individual trade unions and in Form-LL in the case of federation of trade unions
9. What is the penalty for the non filing of a Return?
(Section 31).
Offences punishable for the failure to submit returns may extend to Rs.5/- and in the case of continuing default with an additional fine which may extend to Rs.5/- for each week and shall not exceed Rs.50.00. Any person who willfully makes, or causes to be made any false entry or any omission from the general statement required by Section 28 etc. shall be punishable which may extend to Rs.500/-. Registered trade unions, furnishing false informations, shall be punishable with fine which may extend to Rs.200/-
10. Who can prosecute a Trade Union?
1. Registrar
2. Persons with the previous sanction of the Registrar.
3. Aggreived person under Section 32.The complaint shall be filed within six months of the date on which the offence is alleged to have been committed. No court inferior to that of a Presidency Magistrate or a Magistrate of First Class shall try any offence under the Act.
11. Can a Trade Union be Amalgamated with another trade union?
(Section 24 to 26 read with Regulation 18)
Any two or more registered trade unions may become amalgamated together as one trade union provided the votes of at least one half of the members of each or every such trade union entitled to vote and at least 60% of the votes re corded are in favour of the proposal. Notice of the amalgamation shall be sent to the Registrar in duplicate in Form-J
12. How can we dissolve a Trade Union?
(Section 27 read with Regulation 19)
When a registered trade union is dissolved the notice of dissolution shall be sent to the Registrar in Form - K, within 14 days of the dissolution along with the registration certificate.
From India, Bangalore
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Trade Unions Act.pdf
THE TRADE UNIONS ACT,1926.ppt