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CENTRAL TRADE UNIONS REGULATIONS, 1938
1. Title and application. -(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 State.
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 State Registrar. -If the application is made by a Trade Union which has previously been registered by the Registrar of any 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 State.
8. Fees. -The fee payable for the registration of a Trade Union shall be Rs. 5.
9. Amendment of rules. -(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.
13. Auditors. -(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. 1913 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 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 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.
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.
17. Inspection. -(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.
FORM A
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. 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.
Signature Occupation Address
1.
2.
3.
4.
5.
6.
7.
To the Registrar of Central Trade Unions, Delhi
SCHEDULE I
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 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:
Matter
(1) Number of rules
(2)
Name of Union
The whole of the objects for which the Union has been established.
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.
SCHEDULE 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.]
Liability Rs. P. Assets Rs.
Amount of general fund
Amount of political fund
Loans from
Other liabilities (to be specified)
Form B
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. 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.
Signature Occupation Address
1.
2.
3.
4.
5.
6.
7.
To the Registrar of Central Trade Unions, Delhi
FORM C
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
FORM D
Annual Return prescribed under Sec. 28 of the Indian Trade
Unions Act. 1926, for the year ending on 31st March 19…
Name of Union.
Registered Head Office.
Number of certificate of registration.
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…………..
Liabilities Rs.P. Assets Rs. P.
Amount of general fund
Amount of political fund
Loans from
Debts due to
Other liabilities (to be specified)
Total liabilities …………. 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
Income Rs.P. Expenditure Rs.P.
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).
Salaries, allowances and expenses of officers.
Salaries, allowances and expenses of establishment.
Auditor’s 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.
General Funds Account- (concld.)
Income Rs.P. Expenditure Rs.P.
Total
……… 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
Income Rs.P. Expenditure Rs.P.
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
………
Treasurer.
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
Name Office Date of relinquishing office
Officers Appointed
Title of office Name Age Address Occupation Date of appointment Secretary.
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