Industrial Relations Act, 2012 — section 11

11. Cancellation of registration..—(1) Subject to other provisions of this section, the registration of a trade union may be cancelled by the Registrar if the trade union has

(a)contravened or has been registered in contravention of any of the provisions of this Act or the rules;

(b)applied for such cancellation or ceased to exist;

(c)obtained registration by fraud or by misrepresentation of facts;

(d)obtained less than ten percent of total votes polled in an election for determination of a Collective Bargaining Agent, or is not a contestant in such election;

(e)failed to submit its annual returns to the Registrar as required under this Act or the rules;

(f)contravened any of the provisions of its constitution; or

(g)made in its constitution any provision which is inconsistent with this Act or the rules.

(2)Where the Registrar is of opinion that the registration of a trade union should be cancelled, he shall submit an application to the Commission praying for permission to cancel such registration.

(3)The Registrar shall cancel the registration of a trade union within seven days from the date of receipt of permission from the Commission.

(4)The registration of a trade union shall not be cancelled on the ground mentioned in clause (d) of sub-section (1) if the unfair labour practice is not committed within three months prior to the date of submission of the application to the Commission.

(5)Where any person who is disqualified under Section 18 from being 10 member or elected as, or from being an officer of a trade union is elected as an officer of a registered trade union, the registration of that trade union shall be cancelled if the Commission, upon a complaint in writing made in this behalf by the Registrar, so directs.

(6)The registration of a trade union shall be cancelled by the Registrar if, after holding such inquiry as he deems fit, he finds that such trade union has dissolved itself or has ceased to exist.