Section 23(1) in The Maharashtra Industrial Relations Act, 1946
(1)On an application being made in the prescribed form, by a union for being entered in the approved list, the Registrar may after holding such inquiry as he deems fit enter the union in such list if he is satisfied that the union has made rules, that the provisions of the said rules are being duly observed by the union, and that the rules provide that—(i)its membership subscription shall be not less than fifty paise per month;(ii)its executive committee shall meet at intervals of not more than three months;(iii)all resolutions passed, whether by the executive committee or the general body of the union, shall be recorded in a minute book kept for the purpose;(iv)an auditor appointed by Government may audit its accounts at least once in each financial year;(v)every industrial dispute in which a settlement is not reached by concillation shall be offered to be submitted to arbitration, and that arbitration under Chapter XI shall not be refused by it in any dispute;(vi)no strike shall be sanctioned, resorted to or supported by it unless all the methods provided by or under this Act for the settlement of an industrial dispute have been exhausted or unless the circumstances metioned in the proviso to clause (h) of sub-section (1) of section 97 obtain and the majority of its members vote by ballot in favour of such strike;(vii)no stoppage which is illegal under this Act shall be sanctioned resorted to, or supported by it;(viii) no ‘go slow’ shall be sanctioned, resorted to or supported by it:Provided that the Registrar shall not enter a union in the approved list if he is satisfied that it is not being conducted bona fide in the interest of its members, but to their prejudice.(a)Provided further that,—the Registrar shall not entertain any fresh application by any union unless its previous application for being entered in the approved list is finally disposed of by him;(b)when two or more unions fulfilling the conditions necessary for being entered in the approved list apply in respect of the same industry in any local area in the same calendar month, the union having the largest membership of employees in the indus-try in the calendar month immediately preceding the calendar month in which they apply, shall be entered in the approved list;(c)where after receipt of any application from any union under sub-section (1) any other union or unions apply for being entered in the approved list, for the same industry in the same local area in any subsequent calendar month, such application or applications shall not be considered unless the application received first is disposed of by the Registrar.Explanation.—“Member” for the purposes of clause (vi) means a member of the union for the purposes of the Indian Trade Unions Act, 1926.
