3. Appointment of Registrars.—1
[(1)]
2
[The appropriate Government] shall appoint a person to be
be the Registrar of Trade Unions for 3
[each State].
4
[(2) The appropriate Government may appoint as many Additional and Deputy Registrars of
Trade Unions as it thinks fit for the purpose of exercising and discharging, under the
superintendence and direction of the Registrar, such powers and functions of the Registrar under
this Act as it may, by order, specify and define the local limits within which any such Additional or
Deputy Registrar shall exercise and discharge the powers and functions so specified.
(3) Subject to the provisions of any order under sub-section (2), where an Additional or Deputy
Registrar exercises and discharges the powers and functions of a Registrar in an area within which the
registered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be
the Registrar in relation to the Trade Union for the purposes of this Act.]
4. Mode of registration.—5
[(1)] Any seven or more members of a Trade Union may, by
subscribing their names to the rules of the Trade Union and by otherwise complying with the
provisions of this Act with respect to registration, apply for registration of the Trade Union under
this Act.
6
[(2) Where an application has been made under sub-section (1) for the registration of a Trade
Union, such application shall not be deemed to have become invalid merely by reason of the fact
that, at any time after the date of the application, but before the registration of the Trade Union,
some of the applicants, but not exceeding half of the total number of persons who made the
application, have ceased to be members of the Trade Union or have given notice in writing to the
Registrar dissociating themselves from the applications.]
5. Application for registration.—(1) Every application for registration of a Trade Union
shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade
Union and a statement of the following particular’s, namely:—
1. Section 3 renumbered as sub-section (1) thereof by Act 42 of 1960, s. 4.
2. Subs. by the A.O. 1937, for “Each L.G.”.
3. Subs., ibid., for “the Province”.
4. Ins. by Act 42 of 1960, s. 4.
5. Section 4 renumbered as sub-section (1) thereof by s. 5, ibid.
6. Ins. by s. 5, ibid.
5
(a) the names, occupations and addresses of the members making the application;
(b) the name of the Trade Union and the address of its head office; and
(c) the titles, names, ages, addresses and occupations of the 1
[office-bearers] of the Trade
Union.
(2) Where a Trade Union has been in existence for more than one year before the making of
an application for its registration, there shall be delivered to the Registrar, together with the
application, a general statement of the assets and liabilities of the Trade Uni on prepared in
such form and containing such particulars as may be prescribed.
6. Provisions to be contained in the rules of a Trade Union.—A Trade Union shall not
be entitled to registration under this Act, unless the executive thereof is constituted in
accordance with the provisions of this Act, and the rules thereof provide for the following
matters, namely:—
(a) the name of the Trade Union;
(b) the whole of the objects for which the Trade Union has been established;
(c) the whole of the purposes for which the general funds of the Trade Union shall be
applicable, all of which purposes shall be purposes to which such funds are lawfully
applicable under this Act;
(d) the maintenance of a list of the members of the Trade Union and adequate facilities for the
inspection thereof by the 1
[office-bearers] and members of the Trade Union;
(e) the admission of ordinary members who shall be persons actually engaged or
employed in an industry with which the Trade Union is connected, and also the admission of
the number of honorary or temporary members as 1
[office-bearers] required under section 22
to form the executive of the Trade Union;
2
[(ee) the payment of a subscription by members of the Trade Union which shall be not less than
twenty-five naye paise per month per member;]
(f) the conditions under which any member shall be entitled to any bene fit assured by
the rules and under which any fine or forfeiture may be imposed on the members;
(g) the manner in which the rules shall be amended, varied or rescinded;
(h) the manner in which the members of the executive and the other 1
[office-bearers] of the
Trade Union shall be appointed and removed;
(i) the safe custody of the funds of the Trade Union, an annual audit, in such manner
as may be prescribed, of the accounts thereof, and adequate facilities for the inspection
of the account books by the 1
[office-bearers] and members of the Trade Union; and
(j) the manner in which the Trade Union may be dissolved.
7. Power to call for further particulars and to require alteration of name .—(1) The
Registrar may call for further information for the purpose of satisfying himself that any
application complies with the provisions of section 5, or that the Trade Union is entitled to
registration under section 6, and may refuse to register the Trade Union until such information
is supplied.
(2) If the name under which a Trade Union is proposed to be registered is identical with
that by which any other existing Trade Union has been registered or, in the opinion of the
Registrar, so nearly resembles such name as to be likely to deceive the public or the members
of either Trade Union, the Registrar shall require the persons applying for registration to alter
1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
2. Ins. by Act 42 of 1960, s. 6.
6
the name of the Trade Union stated in the application, and shall refuse to register the Union
until such alteration has been made.
8. Registration.—The Registrar, on being satisfied that the Trade Union has complied with all
the requirements of this Act in regard to registration, shall register the Trade Union by entering in a
register, to be maintained in such form as may be prescribed, the particulars relating to the Trade
Union contained in the statement accompanying the application for registration.
9. Certificate of registration.—The Registrar, on registering a Trade Union under section 8, shall
issue a certificate of registration in the prescribed form which shall be conclusive evidence that the Trade
Union has been duly registered under this Act.
10. Cancellation of registration.—A certificate of registration of a Trade Union may be withdrawn
or cancelled by the Registrar—
(a) on the application of the Trade Union to be verified in such manner as may be
prescribed, or
(b) if the Registrar is satisfied that the certificate has been obtained by fraud or mistake,
or that the Trade Union has ceased to exist or has wilfully and after notice from the Registrar
contravened any provision of this Act or allowed any rule to continue in force which is
inconsistent with any such provision, or has rescinded any rule providing for any matter
provision for which is required by section 6:
Provided that not less than two months’ previous notice in writing specifying the ground on which it
is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union
before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.
1
[11. Appeal.—(1) Any person aggrieved by any refusal of the Registrar to register a
Trade Union or by the withdrawal or cancellation of a certificate of registration may, within
such period as may be prescribed, appeal,—
(a) where the head office of the Trade Union is situated within the limits of a Presidency-town
2
***, to the High Court, or
(b) where the head office is situated in any other area, to such Court, not inferior to the
Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction,
as the 3
[appropriate Government] may appoint in this behalf for that area.
(2) The appellate Court may dismiss the appeal, or pass an order directing the Registrar to
register the Union and to issue a certificate of registration under the provisions of section 9 or
setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and
the Registrar shall comply with such order.
(3) For the purpose of an appeal under sub-section (1) an appellate Court shall, so far as may
be, follow the same procedure and have the same powers as it follows and has when trying a suit
under the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom the whole or any
part of the costs of the appeal shall be paid, and such costs shall be recovered as if they had
been awarded in a suit under the said Code.
(4) In the event of the dismissal of an appeal by any Court appointed under clause (b) of
sub-section (1), the person aggrieved shall have a right of appeal to the High Court, and the
High Court shall, for the purpose, of such appeal, have all the powers of an appellate Court
under sub-sections (2) and (3), and the provisions of those sub-sections shall apply
accordingly.]
1. Subs. by Act 15 of 1928, s. 2, for section 11.
2. The words “or of Rangoon” omitted by the A.O. 1937.
3. Subs., ibid., for “L.G.”.
7
12. Registered office.—All communications and notices to a registered Trade Union may
be addressed to its registered office. Notice of any change in the addr ess of the head office
shall be given within fourteen days of such change to the Registrar in writing, and the changed
address shall be recorded in the register referred to in section 8.
13. Incorporation of registered Trade Unions.—Every registered Trade Union shall be a
corporate by the name under which it is registered, and shall have perpetual succession and
a body common seal with power to acquire and hold both movable and immovable property
and to contract, and shall by the said name sue and be sued.
14. Certain Acts not to apply to registered Trade Unions.—The following Acts,
namely:—
(a) The Societies Registration Act, 1860 (21 of 1860),
(b) The Co-operative Societies Act, 1912 (2 of 1912),
1
* * * * *
2
[(e) The Companies Act, 1956 (1 of 1956),]
shall not apply to any registered Trade Union, and the registration of any such Trade Union under any
such Act shall be void.