Section 16 in The Gujarat Industrial Relations Act, 1946
16. Registration of another union in place of existing registered union.
(1)If at any time any union (hereinafter in this section referred to as "application union") makes an application to the Registrar for being registered in place of the union already registered (hereinafter in this section referred to as "registered union") for an industry, in a local area, on the ground that it has a larger membership of employees employed in such industry the Registered shall [if a period of two years has elapsed since the date of registration of the Registered union,] [These words were inserted by Gujarat 22 of 1966, section 4(i).] call upon the registered union by a notice in writing to show cause within [thirty days] [These words were substituted for the words 'one month' by Bombay 63 of 1953, section 5(1).] of the receipt of such notice why the applicant union should not be registered in its place. An application made under this sub-section shall be accompanied by such fee as may be prescribed:[Provided that the Registrar shall not entertain any application for registration of a union, unless a period of one year has elapsed since the date of disposal of the previous application of the union] [This proviso was added by Gujarat 22 of 1966, section 4(ii).](2)The Registrar shall forward to the Labour Officer a copy of the said application and notice.(3)if, on the expiry of the period of notice under sub-section (1), after holding such inquiry as he deems fit, the Registrar, comes to the conclusion that the applicant union complies with the conditions necessary for the registration specified in section 13, and that its membership was during the whole of the period of [three calendar months immediately preceding the calendar month in which it made the application] [These words were substituted for the words 'three months immediately preceding the date of the application' by Bombay 63 of 1953, section 5(2).] under this section larger than the membership of the registered union, he shall, subject to the provisions of section 14 register the applicant union in place of the registered union [and issue certificate of registration in such form as may be prescribed] [These words were added by Gujarat 8 of 1962, section 5.].(4)Every application made under this section shall be published in the prescribed manner not less than 14 days before the expiry of the period of notice under sub-section (1).
