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State of West Bengal - Section

Section 33 in West Bengal Trade Unions Rules, 1998

33. Symbols and their classifications.

(1)Each contesting Trade Union shall contest the election on a symbol.
(2)For the purpose of this rule symbols may either be reserved or free.
(3)
(a)A reserved symbol shall mean a symbol which has been chosen by a Central Trade Union Organisation and is registered as such with the Registrar on an application made to him in Form V2A with a fee of Rs. 100/- :
Provided that such reserved symbol shall be allowed to a Central Trade Union on the fulfilment of the conditions that the Central Trade Union functions in at least three sectors of the industries (other than the agriculture sector) in West Bengal and that the number of members of the said Central Trade Union is not less than 50,000 (fifty thousand) in West Bengal (other than in the agriculture sector).
(b)Application for registration of the symbol as aforesaid shall be made within three months from the date of commencement of these rules.
(c)Any contesting Trade Union, on an application to the Registrar with a letter of authority from a Central Trade Union authorising the use of its reserved symbol, shall be allowed to use that symbol :
Provided that the conditions for allotment of reserved symbol to a Central Trade Union shall be based on the returns submitted to the Registrar during the year preceding the year of claim and that these conditions shall be taken into consideration only or allotment of a reserved symbol in connection with an election under section 28B and for no other purpose.
(4)Other non-affiliated Trade Union shall apply for allotment for a tree symbol of their choice from the Schedule to these rules.
(5)In each case, the Registrar shall, on an application from a contesting Trade Union, by order allot either the reserved symbol or a free symbol in conformity with its choice as far as practicable.
(6)The allotment by the Registrar of any symbol to a contesting Trade Union shall be final.