Requirement of Labour Department & NIRC & Documentation

Requirement of Labour Department & NIRC:

According to Law following is the procedure:

Sec 5. Application for registration. – Any trade union may, under the signature of its president and the secretary apply for registration of the trade union under this Ordinance.

Sec 6. Requirements for application. – Every application for registration of a trade union shall be made to the Registrar and shall be accompanied by –

(a) A statement showing –
(i) the name of the trade union and the address of its head office ;
(ii) date of formation of the union ;
(iii) the titles, names, ages, addresses and occupations of the officers of the trade union;
(iv) statement of total paid membership;
(iva) the name of the establishment, or group of establishments, of the industry, as the case may be, to which the trade union relates along with a statement of the total number of workers employed therein.
(ivb) the names and addresses of the registered trade unions in the establishment, group of establishments or industry, as the case may be, to which the union relates;
(v) in case of federation of trade unions, the names, addresses and registration number of member-unions.
(b) Three copies of the constitution of the trade union together with a copy of the resolution by the members of the trade union adopting such constitution bearing the signature of the chairman of the meeting;
(c) A copy of the resolution by the members of the trade union authorising its president and the secretary to apply for its registration ; and
(d) in case of a federation of trade unions, a copy of the resolution from each of the constituent unions agreeing to become a member of the federation.

Sec 7. Requirements for registration. –

(1) A trade union shall not be entitled to registration under this Ordinance 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 applicable;
(d) the number of persons forming the executive which shall not exceed the prescribed limit and shall include not less than seventy five per cent from amongst the workmen actually engaged or employed in the establishment or establishments or the industry from which the trade union has been formed;
(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 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 want of 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 every year.

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

(a) unless all its members are workmen actually engaged or employed in the industry with which the trade union is connected ; 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 case may be.

Sec 7 A. Disqualification for being an officer of a trade union. – Notwithstanding anything containing in the constitution or rules of a trade union, a person who has been convicted of an offence under section 61 shall be disqualified from being elected as, or from being, an officer of a trade union.

Sec 7B. Registered trade union to maintain register, etc. – Every registered trade union shall maintain in such form as may be prescribed

(a) a register of members showing particulars of subscriptions paid by each member;
(b) an accounts book showing receipt and expenditure; and
(c) a minute book for recording the proceedings of meetings.

Sec 8. Registration. –

(1) The Registrar, on being satisfied that the trade union has complied with all the requirements of this Ordinance, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of fifteen days from the date of receipt of the application. In case the application is found by the Registrar to be deficient in a material respect or respects he shall communicate in writing his objections to the trade union within a period of 15 days from the receipt of the application and the trade union shall reply thereto within a period of fifteen days from the receipt of the objections.

(2) When the objections raised by the Registrar have been satisfactorily met, the Registrar shall register the trade union as provided in sub-section (1) and issue a certificate of registration in the prescribed form, within three days of the date of the objections having been so met. In case the objections are not satisfactorily met, the Registrar may reject the application.

(3) In case the application has been rejected or the Registrar has delayed disposal of the application beyond the period of fifteen days provided in sub-section (1) or has not issued a certificate of registration within a period of three days as provided in sub-section (2), as the case may be, the trade union may appeal to the Labour Court who for reasons to be stated in its judgment, may pass an order directing the Registrar to register the trade union and to issue a certificate of registration or may dismiss the appeal.

(4) Notwithstanding anything contained in any other provision of this Ordinance, every alteration made in the constitution of a registered trade union and every change of its officers shall be notified by registered post by the trade union to the registrar within fifteen days of such change.

(5) The registrar may refuse to register such change or alteration if it is in contravention of any of the provisions of this Ordinance, or if it is in violation of the constitution of the trade union.

(6) Subject to the provisions of sub-section (3), every inclusion or exclusion of any constituent unit of a federation of trade unions shall be notified by registered post by the federation to the Registrar within fifteen days of such inclusion or exclusion.

(7) In case there is a dispute in relation to the change of officers of a trade union, or any trade unions aggrieved by the refusal of the Registrar under sub-section(5) any officer or member of the trade union may apply or appeal to the labour court, who shall within seven days of receipt of the application or appeal, as the case may be, pass an order either directing the registrar to register the change or alteration in the constitution or in the officers of the trade union or may, for reasons to be recorded in writing, direct the Registrar to hold fresh elections of the union under his supervision.

Sec 8 A. Transfer, etc., of officer of trade union during pendency of application for registration. – Save with the prior permission of the Registrar, no officer of a trade union or workman shall be transferred, discharged, dismissed or otherwise punished during the pendency of an application for registration of the trade union with the Registrar, provided that the union has notified the names of the officers to the employer in writing.

Sec 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 Ordinance.

Sec 10. Cancellation of registration. –

(1) The registration of a trade union shall be cancelled if the Labour Court so directs upon a complaint in writing made by the Registrar that the trade union has –

(i) contravened or has been registered in contravention of, any of the provisions of this Ordinance or the rules; or

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

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

(2) Where any person who is disqualified under section 7-A from being 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 union shall be cancelled if the Labour Court, upon a complaint in writing made in this behalf by the Registrar, so directs.

(3) 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.

Sec 11. Appeal against cancellation. – Any trade union aggrieved by a decision given –

(a) by the Labour Court under sub-section (1) or sub-section (2) of section 10, may appeal to the Tribunal, or

(b) by the Registrar under sub-section (3) of section 10, may appeal to the Labour Court