State of Kerala - Act
Kerala Recognition of Trade Unions Rules, 2011
KERALA
India
India
Kerala Recognition of Trade Unions Rules, 2011
Rule KERALA-RECOGNITION-OF-TRADE-UNIONS-RULES-2011 of 2011
- Published on 20 April 2011
- Commenced on 20 April 2011
- [This is the version of this document from 20 April 2011.]
- [Note: The original publication document is not available and this content could not be verified.]
1. Short title and commencement.
2. Definitions.
3. Powers of the Registrar.
4. Duties of the Registrar.
- The duties of the Registrar shall be the following:-5. Application for certificate for recognition of trade union.
6. Enquiry on application for issue of certificate for recognition.
7. Register of Made Unions.
8. Certificate of Recognition.
9. Mode of Election.
- If there is more than one applicant Trade Union in respect of an industrial establishment or a class of industry in a local area as provided in sub-section (4) of Section 5, the Registrar shall arrange to conduct an election by secret ballot in the manner hereinafter mentioned in these Rules.10. Appointment of Returning Officer.
11. Powers and Functions of the Returning Officer.
12. Maintenance of Electoral Roll.
- The Returning Officer shall maintain an electoral roll showing the names and address of the workmen of the industrial establishment or a class of industry in a local area as the case may be. The electoral roll shall be made available by the employer of the industrial establishment or a class of industry in a local area as the case may be on request to the Returning Officer.13. Publication of the Electoral Roll.
14. Election not to be invalidated by reason of missing or omission in electoral roll.
- No election shall be invalidated by reason of missing or omission of the name of the workman entitled to vote in such election, in the electoral roll.15. Eligibility to take part in election.
- Subject to the provisions in section 8 all workmen in the industrial establishment or a class of industry of a local area, as the case may be, and included in the electoral roll, are entitled to take part and vote in the election.16. Notification of election.
- The notification of election shall contain the following particulars, namely: -17. Presentation of nomination paper and requirements for a valid nomination.
18. Scrutiny of Nominations.
19. List of Trade Union validly nominated.
20. withdrawal of candidature.
- Any Trade Union which is validly nominated, may withdraw its nomination by notice -in writing duly signed by the President or Secretary of the Trade Union and send it to the Returning Officer by registered post or deliver it in person not later than the time on the day fixed for withdrawal. the withdrawal once made shall be final.21. Final list of contesting Trade Unions.
- The Returning Officer shall, alien expiry of the period fixed for withdrawal of candidature, publish a final list of Trade Unions eligible to contest in the election. The final list of Trade Unions shall contain the name, address and, Registration No. granted under the Trade Union; Act, 1926 (Central Act 16 of 1926) in respect of each Trade Union.22. Issue of ballot paper.
- The officer in charge of the polling station shall issue to each elector a ballot paper containing the name, address and Registration No. of all the Trade Unions in the same order as in the final list of Trade Unions published under rule 21, when the elector comes to polling station for casting the vote:Provided that the ballot paper which does not contain the signature of the officer in charge of the polling station shall be treated as invalid.23. Voting.
- The elector shall record his vote in accordance with the guidelines issued by the Returning Officer.24. Recording of votes of illiterate or disabled elector etc.
- If an elector is unable to cast his vote in the manner fixed by the Returning Officer, due to illiteracy, blindness or by reason of any physical or other disability he may cast his vote by the hand of any person duly authorised by him and such person shall sign a declaration as to the incapacity and the fact of his having been requested by the elector to cast his vote on his behalf and the vote shall be marked by him in the presence of the elector.25. Closing of ballot box.
- The officer in charge of the polling station shall seal the ballot box immediately after the close of the poll.26. Procedure of counting.
- The scrutiny and counting of vote shall be conducted by the Returning Officer or the officer authorized by him on the date and time fixed for the scrutiny and counting of votes. No person shall be present at the scrutiny and counting except the Returning Officer or the officer authorized, the candidate Trade Union(s) and not more than one representative of each candidate Trade Union appointed by it in writing and approved by the Returning Officer or officer authorised. The ballot box shall be opened by the Returning Officer or the officer authorized by him at the time fixed for counting.27. Manner of recording votes.
- Every elector shall on receiving the ballot paper, make the mark 'X' or affix the seal as the case may be on the ballot paper against the name of the Trade Union for which he desires to vote and deposit the same in the ballot box.28. Ballot paper when rejected.
29. Recounting.
30. Declaration of results.
- As soon as the counting is over, the Returning Officer shall announce the number of votes secured by each Trade Union and categorize' the Trade Unions as per the provisions of the Act.31. Record of election.
- The Returning Officer shall prepare a record showing the details of,-32. Election dispute.
- Complaints and objections to election shall be made in writing and shall be forwarded to the Registrar along with a fee of rupees two hundred and fifty for considering the objection so as to reach him within seven days after the declaration of the results of the election.33. Preservation of election papers.
- The nomination papers, ballot papers, declaration papers 'and the ballot paper covers shall be preserved in the office of the Registrar for a period of three years or till the termination of any election disputes whichever is later.34. Date of effect of the results of election.
- The results of all elections shall be published and such results shall take effect from the date of publication.35. Appeal.
36. Granting of certificate of recognition to the Trade Union.
37. Manner and conditions under which the Trade Unions may raise issues.
38. Collection of membership fee, subscription or any other dues from the members of the trade union.
- The recognized Trade Unions shall have the right to collect their membership fee and monthly subscription as per the bye-laws made under the Trade Unions Act, 1926 (Central Act 16 of 1926).39. Returns by recognized Trade Unions.
- Every recognized Trade Union shall submit annual returns as provided under section 28 of the Trade Unions Act, 1926 (Central Act 16 of 1926).40. Manner in which union activity shall he permissible.
- Subject to the provisions of section 10 every employer of an industrial establishment or a class of industry in a local area as the case may be, shall provide all reasonable facility to the recognized Trade Unions to exercise their rights under the Act.Form A[See Rule 5(1)]Application for Certificate of Recognition1. I, President/General Secretary of .............................. (here enter the name and address of the Trade Union) registered under the Trade Unions Act, 1926 (Central Act 16 of 1926) having Registration No. (here enter the Registration No.......................of the Trade Union) hereby apply for the certificate for recognition of Trade Union in the industrial establishment/class of industry in a local area...................................(here enter the name and address of the industrial establishment or the class of industry as the case may be) under sub-section (1) of section 4 of the Kerala Recognition of Trade Unions Act, 2010 (Act 16 of 2010).
| 2. Total No. ofmembership in the Trade Union as per the membership register | : |
| 3. Details regarding the earlier recognition, ifany | : |
| 4. If recognised earlier, whether itsrecognition has been cancelled or withdrawn | : |
| 5. If cancelled or withdrawn give details withreasons for the same | : |
| 6. Details of other registered Trade Union(s)in the industrial establishment/ class of industry | : |
| SI. No. | Name and address of the Trade union(s) | Registration No. under the Trade Unions Act,1926 | Recognized or not | If recognized, status of recognition (Solebargaining agent/ Principal bargaining agent/ Constituent of ajoint bargaining council) | Year of recognition | percentage of votes secured |
7. Full postal address to which communications relating to the Trade Union should be sent :
8. Amount of fee Rs..............(in figures and words)
paid in District/Sub-Treasury........................on.........................................vide Chalan No........................(Original copy to be enclosed)DeclarationI hereby declare that the information furnished above are true and correct to the best of my knowledge and belief .Signature(President/General Secretary)(Office Seal of the Trade Union)For Office Use1. Date of receipt of application in the office of the Registrar :
2. Nature of order passed by the authority :
3. No. and date of certificate for recognition issued :
Dated signature of the RegistrarForm 13[See Rule 6 (1)]NoticePlace:Date:I .........................................(here enter the designation and jurisdiction of the officer) Registrar under the Kerala Recognition of Trade Unions Act, 2010 (Act 16 of 2010) hereby inform that an enquiry envisaged under section 4 read with sub-rule (1) of rule 6 of the Kerala Recognition of Trade Unions Rules, 2011 will be held on .................at .................A,M./P.M. in my office ...........................(here enter the date, time and name of office) for determining whether1.
2.
3.
4.
................................................(here enter the name and address of the Trade Union/s submitted the application for certificate for recognition) fulfils the conditions laid down in section 4 of the Act, to proceed further under the Act.The following document (s) may also be produced for inspection / verification:-1.
2.
3.
4.
5.
6.
Registrar(Designation of the Officer)To(Name and address of the Trade Union/Employer)Form C[See Rule 7 (1)]Register of Trade Unions| SI. No. | Name and address of the Trade Union(s) | Registration No. under the Trade Unions Act. 1926 | Name and address of the industrialestablishment/class of industry | Date of application for recognition |
| (1) | (2) | (3) | (4) | (5) |
| Details of payment of fee (Amount. Name ofTreasury Date and No. of Chalan) | Date of Recognition | Nature of recognition (Sole bargaining agent/Principal bargaining agent/Constituent of a joint bargainingcouncil) | Percentage of votes secured | Signature of the Registrar |
| (6) | (7) | (8) | (9) | (10) |