Appointment of Registrars (Section 3)
As regards registration of a trade union, the Act empowers the appropriate Government to appoint a person to be the Registrar of Trade Union for each state. The appropriate Government may appoint as many additional and deputy registrar’s trade unions as it think fit. They shall work under the superintendence and direction of the Registrar. The appropriate Government shall specify and define the local limits within which any additional and Deputy Registrar shall exercise and discharge his powers and functions.
Mode of Registration
Application for registration: Ant 7 or more members of a trade union may, by subscribing their name to the rules of the trade union and by otherwise completing with the provision of the Act with respect to registration, apply for its Registration.
[The principal section re-numbered as sub-section (1) and sub-section (2) inserted by Act 48 of 1960] Where an application has been made under sub-section (1) of the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union some of the applications, but not exceeding half of the total number of the persons who made the application, have ceased to be members of the Trade Union or have notice in writing to the Registrar dissociating themselves from the application.
Application for Registration (Section 5)
Rules of Trade Union To provide the following (Section 6)
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 provided for following matters, namely:-
The payment of a subscription by members of the Trade Union which shall be not less than twenty five naye paisa per month per member;
Registration (Section 7)
The Registrar will register the Trade Union, if he is satisfied that the trade union has complied with all the requirements of this Act in regard to registration. The Registrar shall register; the Trade Union by making necessary entries in the 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 shall be entered in the register. Where the Registrar takes no action on an application for more than three months, writ under Article 226 can be issued commanding the Registrar to deal with the application.
Certificate of Registration (Section 9)
The Registrar, on registering a Trade Union, shall issue a certificate of registration which shall be conclusive evidence that the Trade Union has been duly registered under the Act. It is obligatory on the part of the Registrar to register a Trade Union provided the provisions of the Act are complied with. He is not entitled to question whether the Union is lawful or unlawful.
Advantages of Registration
Benefits are available to those who are members of a Trade Union.
These benefits include:
Cancellation of Registration (Section 10)
A certificate of registration of a Trade Union may be withdrawn o cancelled by the Registrar
Appeal (Section 11)
Section 11 of the Act gives a limited right of appeal from the decisions of the Registrar. Any person who is aggrieved by the refusal of the Registrar to register a Trade Union or the withdrawal or cancellation of certificate of registration is given the right of appeal. The appeal must be within 60 days of the date of which Registrar passed the order against which appeal is made.
Trade Union can be restrained by injection from applying its funds for an unauthorized object or for an unlawful purpose, because such expenditure shall be ultra virus the Act. Thus it would be illegal it devote Union funds in support of any illegal strike or lockout.
Rights and Privileges
Registration confers on the Trade Union certain rights and privileges. Similarly some rights are granted to the member of a registered Trade Union both collectively and individually. These are as under:
Body Corporate (Section 13)
Trade Union is a body corporate – Registered Trade Union shall be a body corporate by the name under which it is registered. It will have perpetual succession and a common seal.It can acquire both movable and immovable property in its own name and contract in its own name.
Fund for political purposes - Trade Union can constitute separate fund for political purposes.
Executive Committee and Office Bearers of Union – The management of trade union will be conducted by ‘executive’. It is a body by whatever name called. Thus, controlling body of Trade Union may be called as ‘Executive Body’ or ‘Governing Body’ or ‘Managing Committee’or any such name. The members of the executive body are termed as ‘Officer Bearers’. At least 50% of office bearers of registered trade union shall be persons actually engaged or employed in an industry wit which the trade union is connected.
Annual Returns – Every registered trade union will prepare a general statement of assets and liabilities of trade Union as on 31st December. The statement will be sent to Registrar along with information about change of office bearers during the year.
Immunity from provision of criminal conspiracy in trade disputes – Office bearer of a trade union shall not be liable to punishment u/s 120B(2) of Indian Penal Code in respect of agreement made between members for purpose of object of trade union, unless the agreement is agreement to commit an offence. Thus, office bearer of trade union cannot be prosecuted for criminal conspiracy in respect of agreement relating to object of trade union.
Immunity from civil suit – A civil suit or other legal proceeding is not maintainable against any registered trade union or office bearer in furtherance of trade union activity on the ground that
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