CENTRAL
TRADE UNIONS REGULATIONS, 1938
2. Definitions
3. Application
for registration
5. Certificate
of registration
6. Cancellation
of registration
7. Unions
registered with [State] Registrar
8. Fees
10. Appeals
11. Funds of
dissolved Trade Unions
12. Return
13. Auditors
14. Exception
15. Audit
17. Inspection
THE
CENTRAL TRADE UNIONS REGULATIONS, 1938
Notification
No. L- 1785, dated 16th June, 1938
In exercise of the powers conferred by Sec. 29 of the Indian Trade
Unions Act, 1926 (XVI of 1926), and by the said section of the said Act as in
force in Berar, the Central Government is pleased in relation to Trade Unions
whose objects are not confined to one 1[State]
to make the following regulations, the same having been previously published as
required by sub-section (1) of Sec. 30 of the said Act, namely:
1. Subs.
by A.O. 1950, for Provincial.
(1) These regulations may be called the Central Trade Unions
Regulations, 1938.
(2) The regulations apply to the Trade Unions whose objects are
not confined to one l[State].
1. Subs.
by A.O. 1950, for Provincial.
2. Definitions. -In these
regulations, -
(a) The
Act means the Indian Trade Unions Act, 1926
(b) Form means
a form appended to these regulations
(c) Section
means a section of the Act.
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 Sec. 8 shall be maintained in Form B.
5. Certificate of registration.
(1) The Certificate of Registration issued by the
Registrar under Sec. 9 shall be in Form C.
(2) When
the Registrar registers a change of name under Sec. 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. Union registered with 1[State] Registrar. -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].
1. Subs.
by A.O. 1950, for Provincial.
8. Fees. -The fee payable for the registration of a Trade Union shall be Rs. 5.
(1) On receiving a copy of an alteration made in
the rules of a Trade Union under Sec. 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 alteration made
simultaneously.
10. Appeals.
-Any
appeal made under Sec. 11[(1) 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
dissolved Trade Union. -Where it is necessary for the Registrar under Sec. 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 their membership.
12. Return.
-The
annual return to be furnished under Sec. 28 shall be submitted to the Registrar
by the 3lst day of July in each year and shall be in Form D.
(1)
Save as provided in sub-clauses (2).
(3). (4) and (5) of this regulation, the annual audit of the accounts of any
registered Trade Union shall be conducted by an auditor authorized to audit the
accounts of companies under Sec. 144 (1) of the Indian Companies Act. 19131 or under Sec. 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 funds accounts; or
(b) By any
local funds auditor appointed by the 2[State]
Government; or
(c) By the
person, who, having held an appointment under Government In any audit or
accounts department, 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 Organization
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, 15 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
or 250, respectively.
1. See now
Sec. 276 of the Companies Act, 1956 (1 of 1956).
2. Subs. by
A.0. 1950, for Provincial.
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 verity 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.
(1) 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 auditor or auditors.
(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
Application for Registration of Trade Unions
Dated
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 employees/ workers engaged in the Industry (or
profession)
5. The
particulars required by Sec. 5 (1) (c) of the Indian Trade Unions Act, 1926, are given in Sch. I.
6.
The particulars given in Sch. II
show the provisions made in the rules for the matters detailed in Sec. 6 of the
Indian Trade Unions 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 Sec. 5 (2) of the Indian Trade Union Act, 1926, are
given in Sch. III 1
1. State here whether the authority was
given by a resolution of a general meeting of the Union, If not, in what other
way It was given.
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Signature |
Occupation |
Address |
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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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6. |
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7. |
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To the Registrar of Central Trade Unions, Delhi |
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List of Officers
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Title |
Name |
Age |
Address |
Occupation |
NOTE. -Enter in this schedule the names of all members
of the executive of the Union, showing in Col. 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
Reference to Rules
The numbers of the rules making provisions for the several matters
detailed in Col. (1) are given in Col. (2) below:
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Matter (1) |
Number of rules (2) |
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Name of Union The whole of the objects for which the Union has
been established. |
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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 honorary or temporary members. The
conditions under which members are entitled to benefits assured by the rules. The
conditions under which fines or forfeitures can be imposed or varied. The manner
in which the rule shall be Amended,
varied or rescinded. The manner
in which the members of the executive and the other officers of the Union
shall be appointed and removed. The
safe custody of the funds. The annual
audit of the accounts. The
facilities for the inspection of the account books by officers and members. The manner in which the
Union may be dissolved. |
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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.]
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Liability |
Rs. P. |
Assets |
Rs. |
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Amount of general fund Amount of political fund Loans from Other liabilities (to be specified) Total liabilities |
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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
Immoveable property
Goods and furniture
. Other assets (to be specified) Total Assets |
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List of Securities |
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Particulars |
Nominal value |
Market Value |
In hands of |
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Signed: |
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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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6. |
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7. |
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Register of Trade Unions
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Serial
No. |
Office-bearers |
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Name
of Union Address
of Head Office Date
of registration |
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Year
of entering on office |
Name |
Age
of entry |
Address |
Occupation
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Year
of relinquishing office |
Other
offices held in addition to membership of executive with dates |
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Number
of application form. List
of members applying for registration. Signed. |
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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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6. |
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7. |
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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
Annual Return prescribed
under Sec. 28 of the Indian Trade
Unions Act. 1926, for the
year ending on 31st[March] 1 19
]
1. It Is apprehended that this should read 31st
December consequent of the amendment of Sec. 28 of the Trade Unions Act, 1926
in which the word December was substituted for the word March by the Indian
Trade Unions (Amendment) Act 38 of 1964.
The required amendment does not appear to have been made.
Name of Union.
Registered Head
Office.
Number of certificate
of registration.
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Return to be made by the federations of
Trade Unions. This return need not be
made by federations of Trade Unions. |
Number of Unions affiliated at the beginning of
year. Number of Unions joining during the year. Number of Unions disaffiliated at the end of year. Number of members on
books at the beginning of year. Number of members on
books admitted during the year. (Add) together. Number of members who
left during the year.(deduct). Total number of members
on books at the end of the year. Males- Females- Number of members contributing to political fund. |
A copy of the rules
of the Trade Union corrected up to the date of despatch of this return is
appended.
Dated
the
. Secretary.
Statement of Liabilities and
Assets on the day of..
.19
..
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Liabilities |
Rs.P. |
Assets |
Rs. P. |
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Amount of general fund Amount of political fund Loans from Debts due to Other liabilities (to be specified) Total liabilities
. |
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Cash- In hands of Treasurer In hand of Secretary In the
.Bank In the
Bank Securities as per list below Unpaid subscriptions due Loans to
. Immoveable property
. Goods and furniture
. Other assets (to be specified) Total Assets
.. |
|
List of Securities
|
Particulars |
Nominal
value |
Market
value at date on which account have been made up |
In
hands of |
General Fund Account
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Income |
Rs.P. |
Expenditure |
Rs.P. |
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Allowance
at the beginning of the year Contribution
form members at
..per member. Donations Sale
of periodicals, rules, etc. Interest
of investment Income
from miscellaneous sources (to be specified). |
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Salaries,
allowances and expenses of officers. Salaries,
allowances and expenses of establishment. Auditors
fees
. Legal
expenses
.. Expenses
in conducting trade disputes. Compensation paid to members for loss
arising out of trade disputes Funeral,
old age, sickness, unemployment benefits, etc. |
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General Funds Account- (concld.)
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Income |
Rs.P. |
Expenditure |
Rs.P. |
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Total |
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Educational,
social and religious benefits. Cost
of publishing periodicals. Rent,
rate and taxes. Stationery,
printing and postage. Expenses
incurred under Sec. 15 (j) of the Indian Trade Union Act, 196 (to be
specified). Other
expenses (to be specified). Balance
at the end of year. Total |
.. |
Political Fund Account
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Income |
Rs.P. |
Expenditure |
Rs.P. |
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Balance
at the beginning of year Contributions
from members at per member. Total |
. |
Payments
made on objects specified in Sec. 16 (2) of the Indian Trade Unions Act, 1926
(to be specified). Expenses
to managements (to be Specified). Balance
at the end of year.
Total |
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Treasurer. |
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Auditor's Declaration
The undersigned having had access to all the books and accounts of the
Trade Unions and having examined the foregoing statements and verified the sale
as found to be correct, duty vouched and in accordance with the law subject to
the remarks, if any, appended thereto.
Auditor.
The following changes of officers have been made during the year........
Officers
Relinquishing Office
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Name |
Office |
Date of relinquishing office |
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Officers
Appointed
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Title
of office |
Name |
Age |
Address |
Occupation |
Date
of appointment |
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Secretary. |
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