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) 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 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 b-v 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
.. |
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List of
Securities
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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 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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