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Kerala Trade Unions Regulations, 1958

Updated on:13th Aug, 2024
Regulation Description  

(1) These Regulations may be called the Kerala Trade Unions Regulations, 1958.

(2) The shall extend to Trade Unions whose objects are confined to the State of Kerala.

 

In these Regulations—(a) “The Act” means the Indian Trade Unions Act, 1926 (Act XVI of 1926)

(b) “Form” means a form appended to these Regulations.

(c) “Section” means a section of the Act.

 

Every application for registration of a Trade Union under Section 5 shall be made in Form A.

 

Upon an application for the registration of a Trade Union the Registrar may require from the applicants such evidence as may seem to him necessary to show that the applicants have been duly authorised to make the application on behalf of the Trade Union.

 

The fee payable for the registration of a Trade Union shall be Five hundred rupees.

 

 

The Certificate of Registration issued by the Registrar under Section 9 shall be in Form B.

 

The Registrar of Trade Unions referred to in Section 8 shall be maintained in form C.

 

Every application by a Trade Union for withdrawal or cancellation of its Certificate of Registration shall be sent to the Registrar in Form D.

 

Upon an application for the withdrawal or cancellation of registration of a Trade Union being presented to him the Registrar if he has reason to believe that the applicants have not been duly authorised by such Union to make the same, may, for the purpose of ascertaining the fact require from the applicants such evidence as may seem to him necessary and examine any officer of such Union.

 

The Registrar shall when he proposed to withdraw or cancel the Certificate of Registration of a Trade Union under Clause (b) of Section 10, cause to be served a notice in Form E on the Trade Union through its Secretary in person or by registered post.

 

The Certificate of Registration issued to a Trade Union under Regulation 6 shall be surrendered by the Secretary of the Union when the Registrar decides to withdraw or cancel such certificate under Clause (a) or Clause(b) of Section 10.

 

The withdrawal or cancellation of a certificate shall be in Form F

 

Any appeal made under sub-section(1) of Section 11 shall be filed within two months of the date on which the Registrar passed the order against which the appeal is made.

 

Notice of any change in the address of the Registered Head Office of a Trade Union shall be given to the Registrar in Form G.

 

Not with standing anything contained in Regulation 23, 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.

 

The Registrar on receipt of the notice of a change in the Registered Head Office of a Trade Union, shall enter in his register the fact of such change and also certify the same on the certificate issued under Regulation 6. The Secretary of the Union shall present the certificate to the Registrar for this purpose.

 

(i) The Notice of any change of the name of a Trade Union shall be sent to the Registrar in Form H.

(ii) When the Registrar registers a change of name under sub-section(3) of Section 25 shall certify under his signature at the foot of the Certificate issued under Regulation 6 that the new Name has been registered. The Secretary shall present the certificate to the Registrar for this purpose.

 

(1) An alteration of the Rules of a Trade Union may be either:

(a) A partial alteration, consisting of the addition of a new rule or part of a rule or rules to the existing rules or of the substitution of a new rule or part of a rule or rules for any of the existing rules, or of a rescission of any of the existing rules or any part thereof without any substitution or of more than one or all of those modes; or

(b) a complete alteration consisting of the substitution of an entire set of rules for the existing set of rules.

(2) (i) Each notice of a complete or partial alteration of rules must be accompanied by a printed copy of the existing rules of the Trade Union, and two copies of the alterations, together with a copy of the resolution of the Trade Union signed by the Secretary, in which it was decided to apply for registration of the complete or partial alteration of the rules.

(ii) In the case of a complete alteration of rules, schedule II of Form A of these Regulations must be enclosed, duly filled in showing the provision made in the altered rules for the matters detailed in Section 6 of the Act.

(c) (i) On receiving the copies of the alteration made in the rules of a Trade Union, the Registrar after satisfying himself that the alteration has been made in the manner laid down by the rules of the Trade Union, and is not inconsistent with any of the provisions of the Act, shall register the alteration in the entry relating to the Trade Union in the Register of Trade Unions prescribed under Regulation 7 and deliver to the Secretary of such Trade Union a copy of the alteration with a certificate appended thereto in Form I.

(ii) The fee payable for the registration of a complete or partial alteration of rules shall be One hundred rupees of each set of alterations made simultaneously.

(iii) the fee payable for obtaining a duplicate certificate shall be Rs.500  Rupees five hundred only.

 

 

(i) Notice of every amalgamation shall be sent to the registrar in duplicate in Form J.

(ii) When the amalgamated Trade Union is registered under sub-section(4) of Section 25 it shall be assigned a new number in the register in Form C, and the Registrar shall issue a new Certificate of Registration in Form B therefor. He shall also note the fact of amalgamation against the entries if any, relating to the Trade Unions. so amalgamated in the register in Form C.

 

When a Trade Union is dissolved the notice of dissolution under sub-section(1) of Section 27 shall be sent to the Registrar in Form K and along with the said notice the Certificate issued under Regulation 6 shall be surrendered. When the Registrar registers the dissolution, he shall send an intimation of the fact of such registration under his signature to the Secretary of the Trade Union.

 

Where it is necessary for the Registrar, under sub-section(2) of Section 27 to distribute the funds of a Trade Union which has been dissolved he shall divide the funds in proportion to the amounts contributed by the members on roll at the time of dissolution, by way of subscription to the several funds of the Trade Union during their membership. In the event of the death of a member of a Trade Union subsequent to the date of its dissolution but prior to the distribution of funds, the Registrar shall pay the sum payable to such member to his legal representative.

 

The annual return to be furnished under Section 28 shall be submitted to the Registrar on or before the first day of June in each year and shall be in Form L in the case of Individual Trade Unions and in Form LL in the case of Federation of Trade Unions.

 

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

            (1) Registers of membership and subscriptions in Form M,

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

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

            (4) Register of stock, tools and plants to show the furniture, fittings and valuable documents relating to the immovable property of the union.

            (5) Machine numbered subscription receipt books,

            (6) Register of receipts and disbursements for the political fund (if there is a political fund), and

            (7) A file of vouchers.

 

(1) The annual Audit of the accounts of a registered trade union shall be conducted:—

            (a) by an auditor authorised to audit the accounts of companies under Section 226 of the Companies Act, 1956, or

            (b) by the Examiner of Local Fund Accounts or by an auditor deputed by the Examiner of Local Fund Accounts, or

            (c) by the Registrar of Co-operative Societies, or

            (d) by any person duly authorised under the Madras Co-operative Societies Act, 1932 and the Travancore - Cochin Co-operative Societies Act, 1951 to conduct the audit of any Cooperative Society, or

            (e) if the membership of the Union did not at any time during the financial year exceed 2,500 by any person who having held an appointment under the State or Central Government in any audit or accounts Department is in receipt of a pension of not less than Rs. 200 per mensem, or

            (f) if the membership of the union did not at any time during the financial year exceed 750-

            (i) by any person who having held an appointment under the State or Central Government in any audit or accounts Department is in receipt of a pension of not less than Rs. 75 per mensem, or

            (ii) by any State Co-operative Organisation recognised by the Government for this purpose, or

            (g) if the membership of the union did not at any time during the financial year exceed 250, by any two members of the union.

            (2) Where the trade union is as 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 were a union whose membership did not exceed 2,500, 750 or 250, respectively.

(3) Any Trade Union appointing the auditor or auditors in accordance with clauses (d), (e), (f) and (g) of sub-regulation (1) shall, before fourteen days of the commencement of the annual audit of accounts, give notice to the Registrar of Trade Unions of such appointment setting forth the name, address, qualifications and competency of the auditor or auditors so appointed.

 

The auditor or auditors appointed in accordance with these Regulations shall be given access to all the Books of the Trade Union and shall verify the annual returns with the accounts, and vouchers relating thereto and shall thereafter sign the Auditors declaration appended to Form L 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, and

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

 

The audit of the political fund of a 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.

 

(i) The Register of Trade Unions maintained in accordance with Regulation 7 shall be open to inspection by any person on payment of a fee of Naye Paise fifty.

(ii) Any documents in the possession of the Registrar received from a Trade Union may be inspected by any member of that Union on payment of a fee of Naye Paise fifty for each document inspected.

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

(iv) Copies of any of the documents specified in clause (ii) may be obtained from the Registrar on payment of copying charges at such rates as may be fixed by him in that behalf.

 

The Travancore-Cochin Trade Unions Regulations, 1952 and the Madras Trade Union Regulations, 1927 "as in force in the Malabar District referred to in subsection (2) of Section 5 of the S.R. Act, 1956 (37 of 1956) are hereby repealed:

Provided that any order made or action taken under the regulations so repealed shall be deemed to have been made or taken under the corresponding provisions in these Regulations.


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