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Question : How can a Trade Union be started and registered ?

1
Answer: Any group of nine or more persons can form a Trade Union. However
no Trade Union of the workmen shall be registered unless at least 100% or
100, which ever is less, persons engaged or employed in the Establishment
or industry with which it is connected are the members of such trade union
on the date of making of application for registration.

The minimum age limit for membership of a Trade Union is 15 years unless
the rules of a particular trade union provide for higher age limit. However
for being an office bearer the person has to be above 18 years of age.

Question : What happens if some members withdraw before registration ?


2
Answer: The application cannot become invalid merely on the grounds of
withdrawal of such members after the same has been made, even if upto
half of the total number of the persons who have made the application
have ceased to be associated or have given notice in writing to the
Registrar dissociating themselves from the application.

Question : What documents are to be filed at the time of filing of application for
3 registration ?
Answer: Every application for registration of a Trade union shall be made in Form
A appended to the Trade Unions Act 1926 before the Registrar of Trade
Unions and shall be accompanied by a copy of Rules of the trade union
and a statement giving following particulars.

(a) Names, occupations and address of the members making


application.
(b) The name of the Trade union and the address of its lead Office.
(c) The titles, names, ages addresses and occupations of the (office
bearers) of the trade union as per format given in Schedule 1
appended to the Trade Unions Act 1926.

Where a trade union is in existence for more than a year before making an
application to the Registrar the application should be accompanied by a
general statement of assets and liabilities of the trade union as per
Schedule III appended to the Trade Unions Act 1926.

Question : What are other essential requirements ?


4
Answer: Trade Union shall not be entitled to registration under the Trade Unions
Act 1926 unless the executive there of is constituted in accordance with
the provisions of the Act and the rules thereof provide for the matters
contained in Schedule II

When is the registration certificate issued?


Answer: 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 the particulars in a
register.

Certificate The
of Registrar
Registration on
- registering
a Trade
Union as
detailed
earlier,
shall issue
a
certificate
of
registration
in
prescribed
Form C
which shall
be
conclusive
evidence
that the
Trade
Union has
been duly
registered.

Question : When can a registration be cancelled / withdrawn ?


6
Answer: (a) On an application from the Trade Union to be verified in such
manner as may be prescribed .
(b) On satisfaction of the Registrar that the certificate has been
obtained by fraudulent means or mistake or that Trade Union has
ceased to exist or has willfully and after notice from the Registrar
contravened any provision of the Trade Unions Act, 1926 or
allowed any rule to continue in force which is inconsistent with any
such provision or has rescinded any rule providing any matter
provision for which is required by section 6. The Registrar has to
provide not less than two months notice previous in writing
specifying the ground on which it is proposed to withdraw or cancel
the certificate, before actually withdrawing or canceling the
certificate.

Question : Where does the appeal against an order of cancellation lie?


7
Answer: Appeal Any person aggrieved by any refusal of Registrar to register a
: Trade Union or by the withdrawal or cancellation of certificate
of registration may, file an appeal before the Industrial
Tribunal/ Labour Court in case of non registration/cancellation
of registration.

Question : What are the requirements for continued registration of a Trade


8 Union ?
Answer: (i) A registered trade union of workmen shall at all times continue to
have not less than 10% or 100 of the workmen, which ever is less,
subject to a minimum of 7 persons engaged or employed in the Estt
or industry with which ever it is connected, as its members.
(ii) All office bearers of a registered trade union except not more than
one third of the total numbers of office bearers or five, whichever is
less, shall be persons actually engaged or employed in the
Establishment or Industry with which trade union is connected.

Question : What are the broad objectives on which the Funds of a Trade Union
9 can be spent ?
Answer: General funds can be spent on :

(i) Salaries and administrative expenses of of Trade Union


(ii) Expenses relating to disputes and litigation for the Trade Union
(iii) Compensation and allowance to members and dependants for
losses arising out of trade disputes and old age and sickness etc.
and for education and social or religious benefits
(iv) Furtherence of other objectives of the Trade Union etc.

FORM A

Date the…………. 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 employers/workers engaged in the industry (or
profession).
5. The particulars required by section 5(1) (c) of the Indian Trade Unions Act, 1926,
are given in Schedule I.
6. The particulars given in Schedule II show the provisions made in the rules for the
matters detailed in section 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 section 5(2) of the
Indian Trade Unions Act, 1926, are given in Schedule* III.
8. We have been duly authorized to make this application.

Signature Occupation Address Signed


1.
2.
3.
4.
5.
6.
7.
8.

To the Registrar of Central Trade Unions, Delhi.

SCHEDULE 1 - LIST OF OFFICERS

Title Name Age Address Occupation

Note:- Enter in this Schedule the names of all members of the executive of the Union
showing in column 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 provision for the several matters detailed in column 1
are given in column 2 below:

Matter Number of rules


1. 2.
Name of union
The whole of the objects for which the union has been established.
The whole of the purposes for which the general funds of the
union shall be applicable.
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 ordinary members.
The admission of honorary or temporary members.
The conditions under which members are entitled to benefit
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.

ANNEXURE ‘B'

I, __________________ S/O Sh.________________________ Age ________ yrs


R/o_______________________________________
____________________________________________________________________________ do
hereby solemnly affirm and declare as under:-

1 That I
. am the
elected “_______________________________
______________________________________
General ”
Secretary
of
Union (Name of union) ( Address of Union )
2 That to the best of my knowledge and belief no
. “_____________________________________
Union / Association by the name of
( Name of Union )
Union ” is registered under the Trade Unions
Act,1926 in Delhi or any where in India
3 That in case of any legitimate claimant of union's name, we will surrender the certificate and change
. name of the union as per directions of the Registrar Trade Unions, Delhi .
4 That no member or office bearer has ever been convicted by Court of India for any offence involving
. moral turpitude and sentenced to imprisonment.
5 That all particulars supplied as per form A as well as other documents are true.
.
6 That the scope of the Union shall be for the employees of
. -------------------------------------------------------------------
( Name of Establishment)
7 That neither the applicants nor the office bearer and my self are the member of any other union
. functioning in ________________ ______________________________________
( Name of Establishment)
8 That there are approximate --------------- employees are working in
. ---------------------------------------------------------
(Name of Establishment)
and out of which ----------------------------- employees are members
of our union.
9 That this is my true statement.
.
DEPONENT
VERIFICATION:-

Verified at Delhi on__________________that the contents of the above affidavit are true and correct
to the best of my knowledge and belief.
DEPONENT

SECHEDULE III - 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.)

Liabilities Rs. P. Assets Rs. P.


Amount of General fund Cash
Amount of political fund In hands of Treasurer

Loans…. from In hands of Secretary

Other liabilities (to be In hands of-


Specified)
In the Bank

In the Bank

Securities as per list


below

Unpaid subscription
due
Loans to-

Immovable property

Goods and furniture

Other assets (to be


specified)

Total Liabilities Total Assets


LIST OF SECURITIES

Particulars Nominal Market value In hands of


1.
2.
3.
4.
5.
6.
7.
* 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.

FORM D

Name of Union,
Registered Head Office.
Number of certificate of registration

Return to be made by federations of Trade Number of unions affiliated at the


Union beginning of year.

This return need not be made by Number of unions joining during the year.
federations of Trade Unions
Number of unions disaffiliated at the endof
year.

Number of members on books at the


beginning of year.

Number of members 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 Unions, 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….........…

Liabilities Rs. P. Assets Rs. P.


Amount of General fund Cash

Amount of political fund In hands of Treasurer

Loans…. fromDebts In hands of Secretary

Due to Other liabilities (to be In hands of-


Specified)
In the Bank

In the Bank

Securities as per list


below

Unpaid subscription
due
Loans to-

Immovable property

Goods and furniture

Other assets (to be


specified)

Total Liabilities Total Assets

LIST OF SECURITIES

Market - value at
date on which
Particulars Nominal value In hands of
accounts have been
made up

Treasurer

General Fund Account

Income Rs. P. Expenditure Rs. P.


Balance at beginning of year Salaries, allowances and
expenses of officers
Contributions from members
as per member Salaries, allowances and
expenses of establishment ..
Donations
Auditor's fee ..
Sale of periodicals, rules, etc.
Legal expenses ..
Interest on investments
Expenses in conducting trade
Income from miscellaneous disputes
sources (to be specified)
Compensation paid to
members forloss arising out
of traded disputes

Funeral. old age, sickness.


unemployment benefits. etc.

Educational. social and


religiousbenefits

Cost of publishing periodical

Rents, rates and taxes.

Stationary, printing and


postage.

Expenses incurred under


section15(j) of the Indian
Trade UnionsAct, 1926 (to be
specified)

Other expenses (to be


specified)

Balance at the end of year.


Total Total

Political Fund Account

Liabilities Rs. P. Assets Rs. P.


Balance at beginning of year Payments made on objects
specified in section 16(2) of
Contribution from members the Indian Trade Unions Act,
as per member 1926 (to be specified) ..

Expenses of managements (to


be specified) ..Balance at the
end of yearl
Total Total
Treasurer

Auditor's Declaration

The undersigned, having had access to all the books and accounts to the Trade Union and
having examined the foregoing Statements and verified the same as found to be correct,
duly vouched and in accordance with the law, subject to the remarks, if any, appended
hereto.

Auditor.

The following changes of officers have been made during the year-

Officers Relinquishing Office

Name Office Date of relinquishing

Officers Appointed

Date of
Name Age Office Address Occupation
appointment

Secretary.

OFFICE OF REGISTRAR (TRADE UNION)

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