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COMMENTS

The Registrar has power to enquire about the legality of the new election of the office-bearers of a Trade Union; Mohan Lal v. Registrar of Trade Unions, 1983 Lab IC 1883.



4. Mode of registration.-1[(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.

2[(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 tact 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 address 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 3[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 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;
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1. Section 4 re-numbered as sub-section (1) thereof by Act 42 of 1960, sec. 5.

2. Ins. by Act 42 of 1960, sec. 5.

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


(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 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 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 alterations 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 tile 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.

COMMENTS

(i) The Registrar is not a quasi-judicial authority and cannot, therefore, decide any disputed question of fact or law; O.N.G.C. Workmen's Association v. State of West Bengal, (1988) 57 FLR 522 (Cal).

(ii) Provisions of this section relate to only registration of a trade union, It is only a Civil Court which has jurisdiction to decide that dispute since under the Trade Unions Act.) here is no provision permitting or empowering the Registrar to refer internal disputes relating to office-bearer for adjudication to any other forum: R.N. Singh v. State of Bihar, 1998 LLR 645.

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

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




9. Certificate of registration.-The Registrar, on registering a Trade Union under section 8, shall issue a cel1ificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act.

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