1.Application of to register
2. List of Members of TU mentioning the post.
3. Inspection by the Govt. authority
4. Approval letter from the Govt.
The four procedure involved in registration of trade unions are as follows:
1. Appointment of Registrar
2. Mode of Registration
3. Rights and Duties of Registrar
4. Legal Status of Registered Trade Union.
1. Appointment of Registrar:
Section 3 of the Trade Union Act, 1926 empowers the appropriate Government to appoint a person to be registrar of Trade Unions. The appropriate Government be it State or Central, as the case may be is also empowered to appoint additional and Deputy Registrars as it thinks fit for the purpose of exercising and discharging the powers and duties of the Registrar. However, such person will work under the superintendence and direction of the Registrar. He may exercise such powers and functions of Registrar with local limit as may be specified for this purpose.
2. Mode of Registration:
Any seven or more persons who want to form trade union, can apply for its registration to the Registration of Trade Unions under Section 4 (1) of the Trade Unions Act, 1926. These applicants must be members of a trade union.
In order to check the multiplicity of trade unions, one school of thought has proposed the number of persons farming a trade union for the purposes of registration be reasonably increased to 10 per cent of employees of the unit, subject to minimum of seven persons employed therein This is expected to strengthen the trade union movement. The application for registration must be sent to the Registrar of Trade Unions in Form “A” as required by the Trade Union Act, 1926 under Section 5.
Every application must be accompanied with the following particulars:
1. The names, occupations and addresses of the members making application.
2. The name of the trade union and the address of its head office.
3. The titles, names, ages, addresses and occupations of the office bearers of the trade union.
4 If a trade union has been in existence for more than one year prior to application of its registration, a financial statement showing its assets and liabilities prepared in the prescribed form has also to be submitted to the Registrar along with the application for registration.
5. Besides, every application must be accompanied with a copy of Rules of Trade union complying with the items as specified under Section 6 of the Trade Unions Act, 1926.
Rules of a Trade Union:
A trade union can be registered only when its constitution fulfils the following rules:
1. Name of the trade union;
2. The whole of the objects for which the trade union has been established;
3. The whole of the purposes for which the general funds of a trade union shall be applicable.
4. The maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the office-bearers and members of trade union;
5. The payment of a subscription by members of the trade union which shall be not less than 25 naya paise per month per member;
6. The manner in which rules will be amended varied and/or rescinded;
7. The manner in which the members of the executive and the other office-bearers of the trade union shall be appointed and removed;
8. The manner in which the funds of the trade union shall be kept and audited and inspection of the books of accounts by the office bearers and members of the trade union be made;
9. The conditions under which any member shall be entitled to have benefits under the rules and under which fine or forfeiture shall be imposed on the members; and The manner in which the trade union shall be dissolved.
3. Rights and Duties of Registrar:
Section 7 of the Act empowers the Registrar of Trade Union to make, if required so, further enquiries on receipt of an application for registration to fully satisfy himself that the application complies with the provisions of section 5. However, such enquiries can be made only from the application and not from any other source.
The duties of the Registrar of Trade Unions in matters of registration of trade union are laid down under Section 8 of the Act. On having being satisfied with the requirements for the registration of the union, the Registrar shall register the trade union by entering in a register. The letter to this effect will be issued to the Trade Union. In case of non-satisfaction of registrar with the compliance of requirements, the refusal for registration will be issued to the trade union.
No time limit for the grant or refusal of registration has been prescribed in the Trade Union Act, 1926. However, there are legal directives issued by the Court to the Registrar of Trade Unions to perform me statutory duty imposed upon mm under sections 7 and 8 to deal with the application of the Trade Union according to law at an early date
The National Commission on Labour has suggested 30 days excluding the time which the Union takes in answering queries from the Registrar for the grant or refusal of registration by the Registrar. The Trade Unions (Amendment) Bill, 1982 has provided for insertion of the words “within a period of 60 days from the date of such compliance” after the words “Register the Trade Unions” in Section 8 of the Trade Unions Act, 1926. Where, however, Registrar refuses to grant registration to a trade union, he is under an obligation to state reasons for refusing to grant registration.
The Societies of Registration Act, 1860, Co-operative Societies Act, 1912 and the Companies Act, 1956 do not apply to trade unions and registration thereof under any of these Acts is void ab initio.
4. Legal Status of Registered Trade Union:
Upon the registration, a trade union assumes to a corporate body by the name under which it is registered. A registered trade union shall have perpetual succession and its common seal. A registered trade union is an entity distinct from the members of which, the trade union is composed of It enjoys power to contract and to hold property both moveable and immoveable and to sue and be sued by the name in which it is registered.