Section 2C in The Rajasthan Industrial Disputes Rules, 1958
2C.
(1)For ascertaining the membership of unions for the purposes of section 9E, 9F, 9G or 9H, the Registrar shall hold an inquiry in the manner hereafter provided.(2)The Registrar shall fix a date for holding an inquiry to ascertain such membership and shall give fifteen day's notice thereof to the union or unions concerned.(3)On receipt of such notice, every such union may submit its objections, if any, to the Registrar in writing in duplicate and shall also produce before the Registrar, the following documents:-(a)Membership Register;(b)Counterfoils of receipts of subscription for three calendar months immediately preceding the calendar month, in which the application is made;(c)Minute Books;(d)Cash Book;(e)Bank Pass Book, if any;(f)An audited statement of membership for each of the three calendar months, immediately preceding the calendar months, in which the application is made.(g)Such other documents as the Registrar may, from time to time direct during the course of an inquiry.(4)Every such objection shall be accompanied by a deposit of Rs. 5/-.(5)Where the union, to whom notice has been given under sub-rule (2), fails to be present before the Registrar on the date fixed for the inquiry or fails to produce the documents, as required by sub-rule (3), then:-(a)If such union is an applicant., the Registrar may dismiss the application and(b)If such union is not an applicant the Registrar may proceed with the inquiry ex parte:Provided that on sufficient cause being shown by the union, whose application has been dismissed, the Registrar may set aside the order of dismissal and fix a date for holding the inquiry.(6)The documents produced at the inquiry, by the union shall be opened to inspection to other unions, who may be party to the inquiry, for a period of ten days from the date of their production or for such other period as the Registrar may allow.(7)The Registrar may adopt such sampling method as he may deem fit in verifying the membership register of union.(8)Where in respect of objections raised against the membership of a union the number of witnesses to be examined is very large, the Registrar may, examine such number of witnesses as he may determine, by adopting such sampling method as the Registrar may deem fit. The Registrar may, with the consent of the parties, examine the witnesses in camera.(9)If, in the course of the inquiry, the Registrar comes to a conclusion that an objection raised against the membership of the union was frivolous or vexatious, he may impose a fine not exceeding Rs. 5/- for every such objection.
