Regulation Description

 

(1) These regulations may be called “The Madhya Pradesh Trade Unions Regulations, 1961”. 

(2) They shall extend to Trade Unions whose objects are confined to the State of Madhya Pradesh.

(3) They shall come into force immediately on their publication in the Gazette.

 

 

In these regulations, unless the context otherwise requires—

(a) The "Act" means the Indian Trade Unions Act, 1926 (XVI of 1926);

(b) "Form" means a form appended to these regulations; and

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

 

Every application for registration of a Trade Union 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 to be necessary to show that the applicants have been duly authorised to make the application on behalf of the Trade Union and that the other particulars in Form A are correct.

 

The register of Trade Unions referred to in section 8 shall be maintained in Form B.

 

 

The certificate of registration issued by the Registrar under section 9 shall be in Form C.

 

 

The fee payable for registration of a Trade Union shall be Rs. 20.

 

 

 

(1) Every application by a Trade Union for withdrawal or cancellation of its certificate of registration shall be sent to the Registrar in Form D. 

(2) Verification of application.-The Registrar, on receiving an application for withdrawal or cancellation of registration, shall, before granting the application, verify that the application was approved in a general meeting of the Trade Union, or if it was not so approved, that it has the approval of a majority of the members of the Trade Union. For this purpose, the Registrar may call for such further particulars as he may deem necessary and may examine any officer of the union.

 

Intimation of any change in the officers of a registered Trade Union shall be sent to the Registrar within a fortnight of the change in Form E.

 

Notice of any change in the address of the head office of a Trade Union shall be given to the Registrar in Form F within a fortnight of the change.

 

(1) The Registrar, on receipt of a notice of removal of the registered office to another State, shall 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 S and a copy of the rules of the union. 

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

 

(1) On receiving a copy in duplicate of any alteration made in the rules of a Trade Union under subsection (3) of section 28, the Registrar shall, unless he has reason to believe that the alteration has not been made in the manner provided by the rules of the Trade Union or unless, the alteration is not in accordance with the provisions of the Act 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 alteration of rules shall be Rs. 8 for each set of alterations made at one time.

 

 

(1) The notice of any change of the name of the Trade Union shall be sent to the Registrar in Form G. 

(2) When the Registrar registers a change of name under subsection (3) of section 25, he 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 making this entry.

 

Notice of every amalgamation shall be sent to the Registrar in duplicate in Form H.

 

When a registered Trade Union is dissolved, notice of the dissolution shall be sent to the Registrar in Form I.

 

Where it is necessary for the Registrar, under subsection (2) of Section 27, to distribute the funds of a registered Trade Union which has been dissolved, he shall divide the funds among the members in proportion to the amounts contributed by them by way of subscription during their membership.

 

The general statement to be furnished under section 28 shall be submitted (in duplicate) to the Registrar by the 31^st day of March in each year and shall be in Form J.

 

(1) Save as provided in sub-regulations (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 having the qualifications prescribed in sub-section (1) of Section 226 of the Indian Companies Act, 1956 (1 of 1956). 

(2) Where the membership of a registered Trade Union did not, at any time, during the year ending on the 31^st December, exceed 2000, the annual audit of the accounts may be conducted— 

(a) by any auditor if authorised by the State Government to examine public accounts; or 

(b) by any person who, having held an appointment under the Government in any audit or accounts department, is in receipt of a pension of not less than Rs. 100 per mensem; or 

(c) by a Chartered Accountant. 

(3) Where the membership of a registered Trade Union did not, at any time, during the year ending on the 31st day of December, exceed 1,000 the annual audit of the accounts may be conducted— 

(a) by any two persons holding office as a magistrate or a judge, or who are members of Parliament, the State Legislature, a corporation, a municipal committee, a district local board, a mandal panchayat, or 

(b) by any person who, having held an appointment under the Government in any audit or accounts department, is in receipt of a pension from the Government of not less than Rs. 50 a month, or 

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

(4) Where the membership of a registered Trade Union did not at any time, during the year ending on the 31st December exceed 250, the annual audit of the accounts may be conducted by any two ordinary members of such registered Trade Union who were not on the executive during the period to which the accounts pertain.

(5) Where the registered Trade Union is a federation of Trade Unions and the number of such unions affiliated to it at any time during the year ending on the 31st December, did not exceed 50, 15 or 5, respectively, the audit of the accounts of the federation may be conducted as if it has not, at any time, during the year had a membership of more than 2,000, 1,000 or 250 respectively.

 

Notwithstanding anything contained in regulation 18, no person who, at any time, during the year for which the accounts are to be audited, was entrusted with any part of the funds or securities belonging to a registered Trade Union shall be eligible to audit the accounts of that union.

 

The auditor or auditors appointed in accordance with these regulations shall be given access to all the books of the registered Trade Union concerned and shall verify the general statement submitted under section 28 with the accounts and vouchers relating thereto and shall thereafter sign the auditor’s declaration appended to Form J, 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, not, supported by vouchers or not in accordance with the Act. The particulars given in the statement shall indicate— 

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

(b) the amount of any deficit 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, but is not brought to account by any person.

 

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 registered Trade Union b the same auditor or auditors.

 

The list of approved unions referred to in section 28-A shall be maintained in Form K.

 

Every application under sub-section (1) of section 28-C for being entered in the list of approved unions shall be made in Form L.

 

(1) On receipt of the application for being entered into the list of approved unions, the Registrar, if prima facie satisfied that the union deserves to be entered in the list of approved unions, shall cause to be put up a notice on the premises of all undertakings in the industry in that local area at such conspicuous places, as he may deem fit, inviting objections within one month against the entry of the union in the approved list. 

(2) If no objections are received within the time mentioned in the notice, the Registrar, after making such enquiry, as he may deem fit, if he is satisfied that the applicant union fulfills the conditions necessary for being entered in the approved list in accordance with sub-section (1) of section 28-D he shall enter the name of such union in the approved list maintained under section 28-A. 

(3) If any objection is received from any person within the time mentioned in the notice referred to in sub-regulation (1), the Registrar shall, after giving him an opportunity of being heard and making such further enquiry as he may deem fit, if he is satisfied that the conditions mentioned in sub-section (1) of section 28-D are fulfilled, he shall enter the name of such union in the approved list maintained under section 28-A.

 

The certificate of entry in the list of approved unions shall be in Form M.

 

Every officer of the approved union and such members of the union as have completed at least six months of membership and been authorised by the President in this behalf shall, subject to the following conditions, be entitled to collect sums payable by its members on the premises of an undertaking where wages are paid to them— 

(a) the name or names of the officer, officers, or members, authorised in this behalf shall be intimated in advance to the employer and changes, if any, therein shall be communicated to the employer at least 24 hours before the date of collection;

(b) the officers and members visiting the undertaking for this purpose shall carry a letter of authority in Form N;

(c) no correction or force shall be used on any employee;

(d) the collection shall bc made without causing hindrance to the staff of the undertaking or interference in the management’s work;

(e) not more than 25 employees at a time shall be allowed together at the place where such sums are collected;

(f) collections shall be made on the usual pay day or days and the subsequent three days and the day on which unclaimed wages are paid.

 

Every officer of the approved union and a member or a person authorised by the President shall be entitled to put up or cause to be put up a notice board outside the time-keeper’s office or at any other conspicuous place mutually agreed upon between the employer and the union and affix notices thereon during the hours the undertaking is open: 

Provided that— 

(a) the notice board to be put up shall be of a reasonable size;

(b) the notices to be affixed shall be signed either by the President, the Vice- President when carrying on the duties of the President during his absence, the General Secretary, the Secretary, the Joint Secretary, the Assistant Secretary or the Treasurer; and

(c) such notices shall relate to lawful activities of the union and shall not be of an offensive or provocative nature.

 

Subject to the provisions of regulations 30, 31 and 32 the President, the General Secretary, the Joint Secretary, the Assistant Secretary and the Treasurer of an approved union and such members or paid workers of the union as may be authorised in this behalf shall, for the purpose of the prevention or settlement of a trade dispute, have a right, and shall be permitted by the employer, to do all or any of the acts mentioned in sub-clauses (i), (ii) and (iii) of clause (c) of section 28-H.

 

The officers and members specified in regulation 28 shall have the right and shall be permitted by the employer, to hold discussions on the premises of the undertaking with the employees concerned who are the members of the approved union:

Provided that—

(a) the union shall intimate, in advance to the employer the name or names of the officer or officers or members authorised for the purposes and the name of the department or departments in which the members concerned are employed; and

(b) the discussions shall be held in such manner as not to interfere with the working of the undertaking.

 

The officers or members of an approved union specified in regulation 28 shall have the right to meet the employer or any person appointed by him for the purpose and discuss with him the grievances of ifs members employed in his undertaking subject to the following conditions, namely:— 

(a) the discussion shall ordinarily be held on two days in a week during such hours as may be fixed by agreement between the employer and the union except in urgent cases when it may be held on any day and at any time by previous appointment;

(b) the union shall ordinarily communicate, in advance, the nature of the grievances which it desires to discuss;

(c) the name of the officer or member authorised in this behalf shall either be communicated to the employer in advance or such officer shall carry a letter of authority in Form O.

 

Any of officers or member specified in regulation 28 shall have a right, and shall be permitted by the employer, to inspect in any undertaking any place where any member of the union is employed provided he carries with him a letter of authority in Form P and informs the employer before hand which place in the undertaking he desires to inspect.

 

If there is any dispute as to who is the lawful officer of a registered Trade Union, the person claiming to be such an officer or the Registrar may refer the dispute to the Industrial Court for decision by making an application in Forms Q and R respectively, accompanied with a certified copy of the rules of the Trade Union.

 

(1) The register of Trade Unions and the list of approved unions maintained in accordance with regulations 5 and 22 shall be open for inspection by any person on payment of a fee of Rs. 5/-.

(2) Certified copies of the entries in the registers mentioned in sub-regulation (1) and copies of the rules of a registered Trade Union may be granted to any person who has applied in this behalf to the Registrar on payment of a copying fee of Rs. 2/- per 100 words subject to minimum of Rs. 8/-. Half of the amount so realised shall be payable to the official for typing and comparing.

(3) Any documents in the possession of the Registrar received from a register Trade Union may be inspected by any member of that union on payment of a fee of Rs. 5/- on production of membership certificate of the union.

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

 

 

(1) The Madhya Pradesh Trade Unions Regulations, 1927, the Madhya Bharat Trade Union Regulations, 1951, the Vindhya Pradesh Trade Unions Regulations, 1952, the Bhopal State Trade Unions Regulations, 1952 and the Rajasthan Trade Unions Regulations in their application to the Sironj region are hereby repealed: 

Provided that anything done or any action taken under any of the Regulations so repealed shall, unless such thing or action is inconsistent with any of the provisions of these Regulations, be deemed to have been done or taken under the corresponding provisions of these Regulations.