Industrial Relations Act, 2012 — section 8

8. Requirements for registration..—(1) A trade union shall not be entitled to registration under this Act unless the constitution thereof provides for the following matters, namely:

(a)the name and address of the trade union;

(b)the objects for which the trade union has been formed;

(c)the purposes for which the general funds of the union shall be utilized;

(d)the number of persons forming the executive which shall not exceed the prescribed limit and shall include not less than seventy five percent from amongst the workmen actually engaged or employed in the establishment or establishments or the industry for which the trade union has been formed; Provided that the condition of being employed in any establishment or an industry as aforesaid shall not apply to the remaining twenty-five percent of the members of such executives;

(e)the conditions under which a member shall be entitled to any benefit assured by the constitution of the trade union and under which any fine or forfeiture may be imposed on him;

(f)the maintenance of a list of the members of the trade union and of adequate facilities for the inspection thereof by the officers and members of the trade union;

(g)the manner in which the constitution shall be amended, varied or rescinded;

(h)the safe custody of the funds of the trade union, its annual audit, the manner of audit and adequate facilities for inspection of the account books by the officers and members of the trade union;

(i)the manner in which the trade union may be dissolved;

(j)the manner of election of officers by the general body of the trade union and the term, not exceeding two years, for which an officer may hold office upon his election or re-election;

(k)the procedure for expressing no confidence in any officer of the trade union; and

(l)the meeting of the executive and of the general body of the trade union so that the executive shall meet at least once in every three months and the general body at least once a year.

(2)Without prejudice to the provisions of sub-section (1), a trade union of workmen shall not be entitled to registration under this Act

(a)unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected; Explanation.— For the purpose of this clause, a dismissed, terminated of retrenched worker, whose dismissal, termination or retrenchment is pending adjudication before a Court of competent jurisdiction, shall be deemed to be an employed worker of that establishment, and

(b)where there are two or more registered trade unions in the establishment, group of establishments or industry with which the trade union is connected, unless it has as its members not less than one-fifth of the total number of workmen employed in such establishment, group of establishments or industry, as the ease may be.