Compliance requirement under the Act

1. Certificate of Registration under Trade Unions Act (Section 4 Section 5, Section 6, Section 8, Section 9 and Reg. 3, Reg. 5)

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.  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(Sec 4)

Every application for registration of a Trade Union shall be made in Form A (Regulation 3)

2. Minimum requirement about membership of a Trade Union in Delhi (Section 9A)

A registered Trade Union of  workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen, whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members.

3. Notice of any change in the address of the head office of a Trade Union (Section 12)

Notice of any change in the address of the head office of a Trade Union 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.

4. Objects on which general funds of a trade union may be spent in Delhi (Section 15)

The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:—

(a) the payment of salaries, allowances and expenses to office-bearers of the Trade Union;

(b) the payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds of the Trade Union;

(c) the prosecution or defence of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs;

(d) the conduct of trade disputes on behalf of the Trade Union or any member thereof;

(e) the compensation of members for loss arising out of trade disputes;

(f) allowances to members or their dependant on account of death, old age, sickness, accidents or unemployment of such members;

(g) the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment;

(h) the provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependants of members;

(i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such;

(j) the payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the balance at the credit of those funds at the commencement of that year; and

(k) subject to any conditions contained in the notification, any other object notified by the appropriate Government in the Official Gazette.

5. Constitution of a separate fund for political purposes in Delhi (Section 16)

 A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any of the objects specified in Section 16(2) of the Trade Unions Act 1926

6. Change of name of a Trade Union in Delhi (Section 23)

 Any registered Trade Union may, with the consent of not less than two thirds of the total number of its members and subject to the provisions of section 25, change its name

7. Amalgamation of Trade Unions in Delhi (Section 24)

Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds of such Trade Unions or either or any of them, provided that the votes of at least one-half of the members of each or every such Trade Union entitled to vote are recorded, and that at least sixty per cent. of the votes recorded are in favour of the proposal.

8. Notice of change of name or amalgamation (Section 25)

 Notice in writing of every change of name and of every amalgamation, signed, in the case of a change of name, by the Secretary and by seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the Secretary and by seven members of each and every Trade Union which is a party thereto, shall be sent to the Registrar, and where the head office of the amalgamated Trade Union is situated in a different State, to the Registrar of such State

9. Notice of dissolution of a Trade Union (Section 27)

 When a registered Trade Union is dissolved, notice of the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution, he sent to the Registrar

10. Form D: Annual Return (Section 28 & Reg.12)

 There shall be sent annually to the Registrar, by the 31st day of July in each year, a general statement in Form D, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 31st day of December next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such date.

11. Supply of a copy of alteration made in Trade Union rules (Section 28(3) & Reg. 9)

 A copy of every alteration made in the rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration.

12. Annual audit of accounts of a Trade Union in Delhi (Reg. 13,14)

 The annual audit of the account of any registered Trade Union shall be conducted by an auditor authorized to audit the accounts of companies under section 144(1) of the Indian Companies Act, 1913.

13. Audit of accounts where the membership of a Trade Union does not exceed 2500 in Delhi (Reg. 13(2), 14)

 Where the membership of a Trade Union did not at any time during the financial year exceed 2,500, the annual audit of the accounts may be conducted – 

(a) by an examiner of local fund accounts, or 

(b)  by any local fund auditor appointed by the local Government, or 

(c) by any person, who, having held on appointment under Government in any audit or accounts department, is in receipt of a pension of not less than Rs.200 per mensem,

14. Audit of accounts where the membership of a Trade Union does not exceed 750 in Delhi (Reg. 13(3), 14)

 Where the membership of Trade Union did not at any time during the financial year exceed 750, the annual audit of the accounts may be conducted – 

(a) by any two persons holding office as magistrates or judges or the members of any municipal council, district board, or legislative body, or, 

(b)  by any person, who having held an appointment under Government in any audit or accounts department, any audit or accounts department, is in receipt of a pension from Government of not less than Rs.75 a month, or 

(c) by any auditor appointed to conduct the audit of any co-operative societies by Government or by the Registrar of Co-operative Societies or by any Provincial co-operative organization recognized by Government for this purpose.

15. Audit of accounts where the membership of a Trade Union does not exceed 250 in Delhi (Reg. 13(4), 14)

 Where the membership of a Trade Union did not at any time during the financial year exceed 250, the annual audit of the accounts may be conducted by any two members of the Union. 

16. Audit of accounts where Trade Union is a Federation of Trade Unions in Delhi (Reg. 13(5), 14)

 Where the Trade Union is a federation of unions, and the number of unions affiliated to it at any time during the financial year did not exceed 50, 15 or 5 respectively, the audit of the accounts of the federation may be conducted as if it had not at any time during the year had a membership of more than 2,500, 750 or 250 respectively.

17. Audit of political funds in Delhi (Reg. 16)

The audit of the political fund of a registered Trade Union shall be carried out along with the audit of the general account of the Trade Union and by the same auditor or auditors.