||How can a Trade Union be started and registered?|
||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, whichever 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.
||What happens if some members withdraw before registration?|
||The application cannot become invalid merely on the grounds of withdrawal of such members after the same has been made, even if up to 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.|
||What documents are to be filed at the time of filing of application for registration?|
||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.
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.
||Names, occupations and address of the members making application.|
||The name of the Trade union and the address of its lead Office.|
||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.|
||What are other essential requirements?|
||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?|
||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 of Registration
|The Registrar 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.|
||When can a registration be cancelled / withdrawn?|
||On an application from the Trade Union to be verified in such manner as may be prescribed.|
||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. |
||Where does the appeal against an order of cancellation lie?|
||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.|
||What are the requirements for continued registration of a Trade Union ?|
||A registered trade union of workmen shall at all times continue to have not less than 10% or 100 of the workmen, whichever is less, subject to a minimum of 7 persons engaged or employed in the Estt or industry with whichever it is connected, as its members.|
||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.|
||What are the broad objectives on which the Funds of a Trade Union can be spent?|
||General funds can be spent on :
||Salaries and administrative expenses of of Trade Union|
||Expenses relating to disputes and litigation for the Trade Union|
||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|
||Furtherance of other objectives of the Trade Union etc.|