Bengal Presidency - Act
Bengal Trade Union Regulations, 1927
BENGAL PRESIDENCY
India
India
Bengal Trade Union Regulations, 1927
Rule BENGAL-TRADE-UNION-REGULATIONS-1927 of 1927
- Published on 24 March 1927
- Commenced on 24 March 1927
- [This is the version of this document from 24 March 1927.]
- [Note: The original publication document is not available and this content could not be verified.]
1.
2.
In these regulations-3.
Every application for registration of a trade union shall be made in Form A.[3A.] [Vide notification No. 4538 Corn., dated the 27th August, 1927 and No. 549 Corn., dated the 8th February, 1940.] When the Registrar calls for further information from a trade union under sub-section (1) of section 7, the Secretary of such union shall, if the Registrar so requires, supply such information by allowing the Registrar (or any person deputed by him in this behalf) to inspect any document, register or other paper of the union.4.
The register of trade unions referred to in section 8, shall be maintained in Form B.5.
The certificate of registration issued by the Registrar under section 9 shall be in Form C.[5A] [Vide notification No. 2474 Corn., dated the 9th August, 1939.] (1) Every notice of change of address of the head office, or change of name, or amalgamation or dissolution, of a trade union, shall be given in Form Clause Form C2, Form C3 or Form C4, as the case may be.5B.
When the Registrar registers a change of name under sub-section (3) of section 25 of the Act, he shall certify under this signature at the foot of the certificate issued under Regulation 5 that the new name has been registered. The Secretary shall present the certificate to the Registrar for making this entry.[5C.] [Vide notification No. 2615-IR/IT-15/60, dated the 15th May, 1961.] When the head office of a trade union is transferred to West Bengal from any other State, the trade union concerned shall make an application in Form A to the Registrar for its registration in West Bengal, and shall submit along with the application the certificate of registration of the trade union in such other State in original and a copy of the entries elating to the trade union recorded in the Register maintained in the State under section 8, duly certified by the Registrar of Trade Unions of the State. The Registrar shall then enter the particulars relating to the trade union in the Register maintained by him under Regulation 4 and shall endorse upon the certificate of registration submitted by the trade union the number and date of such entry :Provided that when the name of the trade union applying for registration under this regulation is identical with, or closely resembles, the name of any other trade union registered in West Bengal, so that a confusion is, in the opinion of the Registrar, likely to arise regarding their identity, the Registrar may require the applicant trade union to change its name and may refuse to take action as aforesaid until the name of the applicant trade union is changed as required by him.[6. Cancellation of registration. - The application of a trade union for the withdrawal or cancellation of a certificate of registration shall be in Form D. The application shall be verified and duly signed by the President or Secretary or any seven members of the trade union.] [Vide notification No. 3311 Corn., dated the 11th July, 1931.]7.
The Registrar, on receiving an application for the cancellation of registration shall, before granting the application, satisfy himself that the withdrawal or cancellation of registration was approved by a general meeting of the trade union, or if it was not so approved that it has the approval of the majority of the members of the trade union. For this purpose he may call for such further particulars as he may deem necessary and may examine [any officer bearer or member of the union, or take such other steps as he may consider necessary].[7A. The Registrar may call upon a trade union to supply any information or to produce any documents or registers, and may inspect or cause to be inspected the officer of the trade union for the purpose of being satisfied that no action under clause (b) of section 10 is called for against the union. He may take these steps periodically or as and when he may deem necessary.] [Vide notification No. 2474, dated the 9th August, 1939.][8. The Registrar shall when he proposes to withdraw or cancel the certificate of registration of a trade union under clause (b) of section 10 of the Act cause a notice in Form E to be served on the trade union through its Secretary, in person or by registered post with a form for acknowledgement.] [Vide notification No. 3311 Corn., dated the 11th July, 1931.]9.
The with Drawl or cancellation of a certificate shall be in Form F.[10. Deleted.] [Vide notification No. 397. dated the 15th February, 1939.]11.
The fee payable for the registration of a trade union shall be Rs. 5.12.
An alterations of the rules of a trade union may be either-14.
The certificate of registry of a partial or complete alteration of rules shall be in Form G.15.
The fee payable for the registration of a complete or partial alteration of rules shall be Rs. 1 for each set of alterations made simultaneously.16.
Any appeal made under section 11(1) of the Act must be filed within 60 days of the date on which the Registrar passed the order against which the appeal is made.17.
Where it is necessary for the Registrar, under section 27(2) to distribute the funds of a trade union which has been dissolved, he shall divide the funds among the members of the books of the trade union at the time of dissolution in proportion to the amounts contributed by such members by way of subscription during their membership.18.
The annual return to be furnished under section 28 shall be submitted to the Registrar by the [30th day of April in each year and shall be in Form H.] [Amended, vide Government of West Bengal, Labour Department, notification No. 24/6 Lab.. dated the 15th May, 1950.][18A.] [Vide notification No. 5512-IR/IR/IT-40/60, dated the 15th September, 1961.] For the purpose of examining the documents under sub-section (4) of section 28, the Registrar shall call upon the trade union concerned to produce only such documents relating to the trade union as may be relevant for such purpose.19.
20.
Notwithstanding anything contained in Regulation 19, no person who at any time during the year was entrusted with, or having any connection with the disposal of, any part of the funds or securities belonging to the trade unions shall be eligible to audit the accounts of that union.21.
The auditor or auditors appointed in accordance with the regulations shall be given access to all the books of the trade union and shall verify the annual return with the accounts and vouchers relating thereto and shall thereafter sign the auditor's declaration appended to Form H, indicating separately on that form under his signature or their signatures a statement showing in what respect he or they find the return to be incorrect, unvouched or not in accordance with the Act. The particulars given in this statement shall indicate-22.
The audit of the political fund of a registered trade union shall be carried out along with the audit of the general account of the trade union and by the same auditor or auditors.23.
1. We hereby apply for the registration of a trade union the name of............................................................................
2. The address of the head office of the union is...............................................................
3. The union came into existence on the.......................day of...............................19.............and has on its roll on the date of this application.................................................................................. members). [***] [Vide notification No. 2474 Com., dated the 9th August, 1939.]
4.
The union is a union of employers/workers engaged in the ........................industry or profession.5. The particulars required by section 5(1) (c) of the Trade Unions Act, 1926, are given in Schedule I.
6. The particulars given in Schedule II show the provision made in the rules for the matters detailed in section 6 of the Trade Unions Act, 1926.
7. (To be struck out in the case of unions which have not been in existence for one year before the date of application.)The particulars required by section5(2) of the Trade Unions Act. 1926, are given in Schedule Ill.
8. We have been duly authorised to make this application by [***] [State here whether the authority was given by a resolution of a general meeting of the union, or, if not, in what other way it was given.]
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