Page 223 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes local limits within which any such Additional or Deputy Registrar shall exercise and discharge
the powers and functions so specified.
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.

Notes Powers of Registrar
The Registrar has power to enquire about the legality of the new election of the office-
bearers of a Trade Union; Mohan Lal v. Registrar of Trade Unions, 1983 Lab IC 1883.

11.3.2 Mode of Registration

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:
Provided that no Trade Union of workmen shall be registered unless at least ten per cent or one
hundred of the workmen, whichever is less, engaged or employed in the establishment or
industry with which it is connected are the members of such Trade Union on the date of making
of application for registration:

Provided further that no Trade Union of workmen shall be registered unless it has on the date of
making application not less than seven persons as its members, who are workmen engaged or
employed in the establishment or industry with which it is connected.
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.

11.3.3 Application for Registration

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 particulars,
namely:—

(a) the names, occupations and address of the members making application;
(aa) in the case of a Trade Union of workmen, the names, occupations and addresses of the place
of work of the members of the Trade Union 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 [office-bearers] of the Trade Union.
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 Union prepared in such
form and containing such particulars as may be prescribed.

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