Punjab Trade Union Regulations, 1927

The Punjab Trade Union Regulations, 1927

Published vide Punjab Government Notification No. 1276-R, dated 1.6.1927

Pu689

1. [(1) These Regulations may be called the Punjab Trade Union Regulations, 1927.]

[(2) They extend to the whole of the State of Punjab as formed by section 11 of the State Reorganization Act, 1956.]

2. In these regulations :-

(a) "the Act" means the Indian Trade Unions Act, 1926.

(b) "Form" means a form appended to these rules.

(c) "Section" means a section of the Act.

3. Every application for registration of a Trade Union shall be made in form A.
4. The Register of Trade Union referred to in section 8 shall be maintained in form B.
5. (1) The certificate of Registration issued by the Registrar under section 9 shall be in form 'C'.

(2) When the Registrar registers a change of name under section 25, sub- section (3), he shall certify under his signature at the foot of the certificate that the new name has been registered. The Secretary shall present the certificate to the Registrar for making this entry.

6. 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 the 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 [office bearer]of the union.
7. (1) The Registrar, on receipt of a notice of removal of the registered office to the another [State]will forward to the Registrar of the [State] to which the head office of the Trade Union has been transferred, a copy of all the entries contained in the register prescribed by regulation 4 of these regulations.

(2) Where the head office of the Trade Union is transferred from another [State] to the Punjab, the Registrar shall, on receipt of particulars relating to the Trade Union from the Registrar from whose jurisdiction the transfer has been effected enter those particulars in his register and notify the fact that he has done so to the Secretary of the Trade Union.

8. The fee payable for the registration of a Trade Union shall be Rs. 5.
9. (1) On receiving a copy of an alteration made in the rules of a Trade Union under section 28(3), the Registrar, unless he has reason to believe that the alteration has not been made in the manner provided by the rules of the Trade Union, shall register the alteration in a register to be maintained for this purpose and shall notify the fact that he has done so to the Secretary of the Trade Union.

(2) The fee payable for registration of alterations of rules shall be Re. 1 for each set of alterations made simultaneously.

10. Any appeal made under section 11(1) of the Act must be filed within sixty days of the date on which the Registrar passed the order against which the appeal is made.
11. Where it is necessary for the Registrar, under section 27(2) to distribute the funds of the Trade Union which has been dissolved he shall divide the funds in proportion to the amounts contributed by the members by way of subscription during their membership.
12. The annual return to be furnished under section 28 shall be submitted to the Registrar by the[30th of April]in each year and shall be in form 'D'.
13. (1) Save as provided in sub-clauses (2), (3), (4) and (5) of this regulation, the annual audit of the accounts of any registered Trade Union shall be conducted by an auditor authorised to audit the accounts of companies under section 144(1) of the [Indian Companies Act, 1913.]

(2) Where the membership of a Trade Union did not at any time during financial year exceed 2500 the annual audit of the accounts may be conducted :-

(a) by any examiner of local fund accounts; or

(b) by any local fund auditor appointed by the [State] Government; or

(c) [or] by any person, who, having held an appointment under Government in any audit or accounts department is in receipt of a pension of not less than Rs. 200 per mensem.

(3) Where the membership of a Trade Union did not at any time during the financial year exceed 750, the annual audit of the accounts may be conducted :-

(a) by any two persons holding office as magistrates or judges or as members of any municipal council, district board, or legislative body; or

(b) by any person who, having held an appointment under Government in any audit or accounts department, is in receipt of a pension from Government of not less than Rs. 75 a month; or

(c) by any auditor appointed to conduct the audit of any co-operative societies by Government or by the Registrar of Co-operative Societies or by any [State] Co-operative organisation recognized by Government for this purpose.

(4) Where the membership of a Trade Union did not any time during the financial year exceed 250, the annual audit of the accounts may be conducted by any two members of the Union.

(5) Where the Trade Union is a federation of Unions, and the number of unions affiliated to it at any time during the financial year did not exceed 50, 15 or 5 respectively, the audit of the accounts of the federation may be conducted as if it had not at any time during the year had membership of more than 2,500, 750 or 250, respectively.

14. Notwithstanding anything contained in regulation 13, no person, who at any time during the year, was entrusted with any part of the funds or securities belonging to the Trade Union shall be eligible to audit the accounts of that Union.
15. The auditor or auditors appointed in accordance with the regulation 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 D, 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 :-

(a) every payment which appears to be unauthorised by the rules of the Trade Union or contrary to the provisions of the Act.

(b) the amount of any deficiency or loss which appears to have been incurred by the negligence or misconduct of any person.

(c) the amount of any sum which ought to have been put is not brought to account by any person.

16. 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.
17. (1) The register of Trade Unions maintained in accordance with regulation 4 shall be open to inspection by any person on payment of a fee of annas eight.

(2) Any documents in the possession of the Registrar received from a registered Trade Union may be inspected by any member of that Union on payment of a fee of annas eight for each document inspected.

(3) Documents shall be open to inspection every day on which the office of the Registrar is open and within such hours as may be fixed for this purpose by the Registrar.

(4) The Registrar may supply a copy of any such document to a registered Trade Union or a member thereof on payment of annas six for every hundred words or fractional part thereof.

[18 Every registered trade union shall maintain the following books and registers to facilitate the audit of its accounts :-

(1) Register of membership and subscriptions in Form E.

(2) Register or receipts and disbursements of the General Fund Account.

(3) Minutes book to record the proceedings of all meetings.

(4) Register of Stock and Plant to show the furniture, fittings and valuable documents relating to the immovable property of the union.

(5) Machine numbered subscription receipt book.

(6) Register of receipts and disbursements for the Political Fund (if there is a Political Fund).

(7) A file of vouchers].

Form 'A'

Application for Registration of Trade Union

Dated _________________day of _________________ 19

1. We hereby apply for the registration of a trade union under the name of _______________________________________________________________
2. The address of the head office of the union is ________________________
3. The union came into existence on the _____________ day of ____________
4. The union is union of employers/workers engaged in the industry ________________________________________________ or (profession).
5. The particulars required by section 5(3)(c) of the Indian 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 Indian 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 section 5(2) of the Indian Trade Unions Act, 1926 are given in Schedule III.
8. We have been duly authorised to make this application by* ____________

Serial No.	Signature	Occupation	Address
1.
2.
3.
4.
5.
6.
7.

*State whether the authority was given by a resolution of a general meeting of the Union if not in what other way it as given.

To

The Registrar, Trade Unions, Punjab.

Schedule I

List of Officers

Serial No.	Title	Name	Age	Address	Occupation

Note. - Enter in this schedule the name of all members of the executive of the Union, showing in column 1 the names of any posts held by them (e.g. President, Secretary, Treasurer, etc.) in addition to their [office bearers] a members of the executive.

Schedule II

The numbers of the rules making provision for the several matters detailed in column 1 are given in column 2 below :-

Serial No.	Matter	Number of rules
1.	Name of union
2.	The whole of the subjects for which the union has been established
3.	The whole of the purposes for which the general funds of the union shall be applicable
4.	The maintenance of a list of members
5.	The facilities provided for the inspection of the list of members by [office bearers] and members
6.	The admission of ordinary members
7.	The admission of honorary or temporary members
8.	The conditions under which members are entitled to benefits assured by the rules
9.	The conditions under which fines or forfeitures can be imposed or varied
10.	The manner in which the rules shall be amended, varied or reminded
11.	The manner in which the members of the executive and the other [Office bearers] of the union shall be appointed and removed
12.	The safe custody of the funds
13.	The annual audit of the accounts
14.	The facilities for the inspection of the account books by officers and members
15.	The manner in which the union may be dissolved
16.	[The procedure for declaring a strike]

Schedule III

This Need Not Be Filled In If The Unions Came Into Existence Less Than One Year Before The Date Of Application For Registration

Statement of Liabilities and Assets on the day of _________________19

Liabilities		Assets
	Rs. A.P.		Rs. A.P.
Amount of general Fund		Cash :-
Amount of political fund		In hands of Treasurer
		In hands of Secretary
Loan from -		In hands of
____________________		In the Bank
____________________		In the Bank
____________________		Securities as per list below
Debts due to -
____________________		Unpaid subscriptions due
____________________		Loans to -
Other Liabilities (to be specified)		_______________________
____________________		_______________________
		Immovable property, Goods and furniture Other assets (to be specified)
____________________		_______________________
Total Liabilities		Total Assets

List of Securities

Particulars	Nominal value	Market value	In hands of
1	2	3	4
1.
2.
3.
4.
5.
6.

Form 'B'

Register of Trade Unions

Serial No.	Officer
Name of Union __________________ Address of Head Office __________________ __________________ Date of Registration __________________	Year of entering office	Name	Age on entry	Address	Occupation	Year of relinquishing office	Other offices held in addition to membership of Executive with dates
Number of application form List of members applying for registration
1.
2.
3.
4.
5.
6.
7.

Form 'C'

Certificate of Registration of Trade Union

No.

It is hereby certified that _______________ has been registered under the Indian Trade Unions Act, 1926, this ______________ day of _________________ 19 .

Registrar of Trade Unions

'Seal'

[Form 'D']

(Form for Trade Union)

Annual Returns Prescribed Under Section 28 Of The Indian Trade Union Act, 1929, For The Year Ending 31st [december], 19

Part A

1. Name of the Union ____________________________________________
2. Address of the Union __________________________________________
3. Registered Head Office _________________________________________
4. Number and date of certificate of registration ________________________
5. Classification of Industry (to be shown as per Schedule of Industries attached)____________________________________________
6. Classification of Sector [Please state to which of the following four categories the union belongs] -

(a) Public Sector - Central Sphere;

(b) Public Sector - State Sphere;

(c) Public Sector - General Sphere; and

(d) Public Sector - State Sphere]

7. Name of the All India Body/Federation to which affiliated _____________
8. Affiliation number ____________________________________________
9. Affiliation fee paid during the year ________________________________
10. Number and date of receipt for payment of affiliation fee _______________
11. Membership fee per month ____________________________________
12. No. of members on books at the beginning of the year _________________
13. No. of members admitted during the year ________________________
14. No. of members who left during the year __________________________
15. No. of the members on books at the end of the year (i.e. on 31st March, 19__)      Male      Female      Total      _______________________________
16. No. of members contributing to political fund ______________________
17. No. of members who paid their subscription for the whole year _________
18. A copy of the rules of the trade union corrected upto the date of despatch of this return is appended ___________________
19. Part B of the return over-leaf has been duly completed.

Date the

Secretary

Note. - (1) If the Federation falls under more than one category, the membership claim in each category may be shown, separately.

Note. - (2) Name of Unions should be given in separate statements marked 'A', 'B', 'C' & 'D'.

Part B

Statement of Liabilities and Assets of the 31st Day on March, 19__.

Liabilities	Rs. Ps.	Assets	Rs. Ps.
Amount of general fund		Cash -
Amount of political fund		In hands of Treasurer
Loans from		In hands of Secretary
		In hands of
		In the Bank
		In the Bank
		Securities as per list below
		Un-paid subscription due for -
		*(a) the year
		*(b) previous year
		Loans to -
		(a) Officers
		(b) members
		(c) others
Debts due to -		Immovable property
Other liabilities (to be specified)		Goods and Furniture
		Other assets (to be specified)
Total liabilities		Total liabilities

List of Securities

Particulars	Face Value	Cost Price	Market price at date on which accounts have been made up	In hands of

 

GENERAL FUND ACCOUNT
			Treasure
Income		Expenditure
	Rs Ps.		Rs. Ps.
Balance at the beginning of the year		Salaries, allowance and expenses of Officers
Subscription from members (including unpaid subscriptions due for the year)		Travelling allowance, salaries, allowances and expenses of establishment
		Auditors' fee
		Legal expenses
(a) Subscriptions received		Expenses in conducting trade disputes
(b) Subscription in arrears for three months or less		Compensation paid to members for loss arising out of trade disputes
(c) Subscription in arrears for more than three months		Funeral, old age, sickness, unemployment benefits etc.
		Educational, Social and religious benefits
Donations		Cost of publishing periodicals
Sale of periodicals, books, rules, etc.
Interest on investments Income from Miscellaneous sources (to be specified)		Rents, rates and taxes, Stationery, Printing and postage Expenses incurred under section 15(J) of the Indian Trade Unions Act, 1926 (to be specified)
		Other expenses (to be specified)
		Balance at the end of year
Total		Total at

Political Fund Account

	Rs Ps.		Rs Ps.
Balance at the beginning of year		Payments made on objects specified in section 16(2) of the Indian Trade Union Act, 1926 (to be specified)
Contribution from members at ................... per member		Expenses of management (to be fully specified) Balance at end of year

Treasurer

Auditors Declaration

The undersigned, having had access to all the books and accounts of the Trade Union, and having examined the foregoing statements and verified the same with the account vouchers relating thereto, now sign the same as found to be correct, duly vouched and in accordance with the law, subject to the remarks, if any, appended hereto and also certify that the Trade Union had properly maintained its membership register and its accounts and the members had paid their membership subscriptions to the Trade Union as shown in the foregoing statement of the general fund account of the Union, subject to the remarks, if any, appended hereto.

Auditor

The following changes of [office bearers] have been made during the year.

[officer bearers] Relinquishing Office

Name of [Office bearer]	Date of relinquishing office

[Office Bearers] Appointed

Name	Date of birth	Private address	Personal occupation	Title or position held in the Trade Union	Date on which appointment in column 5 was taken up	Other offices held in addition to membership of executive with date
1	2	3	4	5	6	7

Elections

Date of last election of officer bearers ______

Date of next election of office bearers __________

Secretary

[Form E]

Register of Membership and Subscription

					Subscription paid in
Serial No.	Name of the member	Name of the establishment in which employed	Date of Enrolment	Rate of subscription	April	May	June	July	August

 

the month of
September	October	November	December	January	February	March
Total Subscription for the year			Date on which membership ceased			Remarks