Appendix to Form (ii)

THE ANDHRA PRADESH TRADE UNION REGULATIONS, 1927

(As adapted by the State of Andhra Pradesh)

(See rule 53)

1. (1) These regulations may be called as “the Andhra Pradesh Trade Union

Regulations”.

(2) They shall extend to and be in force in the whole of the State of Andhra Pradesh

2. In these regulations, ---

(a) “Words and expressions used but not defined in these regulations shall have the

meanings respectively assigned to them in the Act.

3. Every application for registration of a trade union under Section 8 shall be made in

Form A.

3-A. Upon an application under Regulation 3 being made, the Registrar may require

from the applications such evidence as may appear to him necessary for the

purpose of ascertaining whether the applicants have been duly authorized to make

the application on behalf of the trade union.

4. The register of trade unions referred to in Section 9 shall be maintained in Form B.

5. (1) The certificate of registration issued by the Registrar under Section 9 shall be in

Form C.

(2) Upon an application for a copy of the certificate issued under Clause (1) being

made, the Registrar may, after satisfying himself that the original certificate is lost,

damage or untraceable, issue a copy thereof marked ‘duplicate’ on payment of a fee

the State Government.

6. Every application for cancellation or withdrawal of registration under Section 9

shall be presented to the Registrar in Form C1. It shall be signed by the Secretary

and seven more members of the trade union.

7. There shall be appended to every such application a certificate issued by the

members making it to the effect that the statement contained in the application is

to the best of their knowledge and belief.

8. Upon an application for the cancellation of withdrawal of registration of a trade

union being presented to him, the Registrar, if he has reasons to believe, that the

applications have not been duly [authorized by a resolution of the general body

meeting of the members of such union to make the same may, for the purpose of

ascertaining the fact require from the applications such evidence as may seem to

him necessary and examine any office-bearer of such union.

9. The Registrar, shall, when he purposes to withdraw or cancel the certification of

registration of a trade union under Section 9 cause to be served a notice in Form-D

on the trade union through its Secretary in person or by registered post.

10. The certificate of registration issued to a trade union under Regulation 5 shall be

surrendered by the Secretary of the union when the Registrar decides to withdraw

or cancel such certificate under Section 9.

11. (1) The Registrar on receipt of a notice of transfer of head office of a trade union

from this State shall forward to the Registrar of the State to which the head office of

the Trade Union has been transferred, a copy of all the entries contained in the

registrar prescribed by Regulation 4 and a copy of the rules of the Union with all

amendments thereto.

(2) The Registrar of the State to which the office of the Trade Union has been

transferred may thereupon enter in this Registrar the particulars relating to the

trade union and certify the fact of such registration on the certificate already issued

under Regulation 5. The Secretary of the Union shall present the certificate to the

Registrar for this purpose.

(3) The procedure prescribed in Clause (2) shall be followed also in respect of a

trade union whose head office has been transferred to this State from another

State.

Provided that, if the name of the trade union, the head office of which has

been transferred to this State from another State is identical with that by which

any other trade union in this State has been registered or, in opinion of the

Registrar, so nearly resembles such name as to be likely to confuse the public or

the member of either trade union whose head office has been transferred to the

State from another State to change its name any refuse to act under Clause (2)

until such change has been made.

[11-A. Notice of any change in the address of the Head Office of a trade union shall be

given to the Registrar in Form-D1 within a fortnight of change.

12. [(1) When a Registrar registers a change of name under Section 24, he shall certify

under his signature at the foot of the certificate issued under Regulation 5 that the

new name has been registered. The Secretary shall present the certificate to the

Registrar for this purpose.

[(2) Notice of any change in the name of trade union shall be sent to the Registrar

in Form-D2 within the fortnight of such change].

13. [(1) Notice of every amalgamation of trade unions under Section 24 shall be sent to

the Registrar in duplicate in Form-D3 within a fortnight of such amalgamation.

Provided any change in the address of the head office of a trade union shall be

passed by resolution at a general body meeting of the trade union.

[(2) When the amalgamated trade union is registered under sub-section (4) of the

said section, it shall be assigned a new number in the register in From-B and the

Registrar shall issue a new certificate in Form-C thereof. He shall also note the fact

of amalgamation against the entries, if any relating to the trade unions so

amalgamated in the register in Form-B].

13-A. (1) Whenever any office-bearer or member of the Executive Committee is convicted

by a Court in India of any offence involving moral turpitude and sentenced to

imprisonment, the union shall give a notice in Form G to the Registrar of Trade

Unions within 30 days of such conviction.

(2) The Union which fails to give such notice shall be liable for action under the

provisions of the Act.

14. The fee payable for the registration of a trade union shall be as notified the

Commissioner of Labour.

15. (1) On receiving a copy of the alteration made in the rules of a trade union, the

Registrar, after satisfying himself that the alteration has been made in the manner

laid down by the rules of the trade union and is not inconsistent with any of the

provisions of the act shall register the alteration in the register of trade union

prescribed under Regulation 4 and deliver to the Secretary of such trade union a

copy of the alteration with a certificate appended thereto to the effect that alteration

has been duly registered by him.

(2) The fee payable for registration of alteration of rules shall be as notified by the

Commissioner of Labour for each set of alteration made simultaneously.

16. Any appeal under sub-section (1) of Section 10 of the Code shall be filed within

(ninety days) of the date of order against which the appeal is made.

17. (1) When a registered trade union is dissolved under Section 25, notice of

dissolution shall be sent to the Registrar in Form-D4.

(2) Along with the notice for dissolution under Section 25 certificate issued under

Regulation 5 shall be surrendered. When the Registrar registers he dissolution, he

shall send an intimation of the fact such registration under his signature to the

Secretary of the trade union.

(3) Where it is necessary for the Registrar, to distribute the funds of trade union

which has been dissolved, he shall divide the funds in proportion to the amounts

contributed by the members on roll at the time of dissolution, by way of

subscription to the several funds of the trade union during their membership. In

the event of the death of a member of a trade union subsequent to the date of its

dissolution but prior to the distribution of funds, the Registrar shall pay the sum

payable to such member to his legal representative.

17-A. Forms B and D [and the receipt of the notice in Form D1] which are by these

regulations required to be signed or initialed by the Registrar may be signed or

initialed under his discretion, and on his behalf by any Gazetted Officer

subordinate to him in writing for this purpose.

18. The annual return to be furnished under Section 26 shall be submitted in duplicate

to the Registrar on or before the (30th April) in each year and shall be in Form E.

18-A. Every registered trade union shall maintain the following books and registers to

facilitate the audit of its accounts: ---

(1) Register of membership and subscriptions in Form “F”;

(2) Register of receipts and disbursements of the General Fund Accounts;

(3) Minutes book to record the proceedings of all meetings;

(4) Register of stock, tools and plant showing the furniture fittings and valuable

documents relating to the immovable property of the union.

(5) Machine numbered subscription receipt book.

(6) Register of receipts and disbursement of the political fund if there is a political

fund; and

(7) A file of vouchers.

19. (1) The annual audit of the accounts of registered trade union shall be conducted---

(a) By an auditor authorized to audit the accounts of companies under the

Companies Act, (Central Act 1 of 1956)];

(b) By the Examiner of Local Fund Accounts or by an auditor deputed by the

Examiner of Local Fund Accounts; or

(c) By the Registrar of Co-operative Societies; or

(d) By an auditor appointed to conduct the audit of the Co-operative Societies by

the Government or the Registrar of Co-operative Societies or by any Co-

operative Organization recognized by the Government for this purpose; or];

(e) If the membership of the union did not at any time during the financial year

exceed 2,500 by any person who, having held an appointment under the

[Government] in any audit or accounts department, is in receipt of a pension of

not less than Rs.200 per mensem; or

(f) If the membership of the union did not at any time during the financial year

exceed 750:--

(i) By any person who, having held an appointment under (Government) in

any audit or accounts department is in receipt of a pension of not less

than Rs.75 per mensem; or

(ii) By any (State) Co-operative organization recognized by the Government

for this purpose; or

(g) If the membership of the union did not, at any time during the financial year

exceed 250, by any two members of the union.

(2) Where the trade union is a federation of the unions and the unions affiliated to

it 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 were an union

whose membership did not exceed 2,500, 750 or 250 respectively.

(3) The threshold limit of Pension mentioned in this Regulation shall be as

modified by the Commissioner of Labour from time to time.

19-A. Notwithstanding anything contained in Regulation 19, any registered trade

union may apply to the Registrar to arrange for the audit of the accounts of the

union. On receipt of such application, the Registrar shall subject to any general or

special order of the Government, arrange for an audit of the accounts. The cost of

such audit arranged through the Registrar shall be borne by the Government. [A

copy of the report of such audit shall be sent by the Registrar to the trade union

concerned and copy filed in his office. [A copy of the report shall be furnished by

the Registrar to any person on application made with Court-fee stamp of one rupee

affixed to it and accompanied by a sufficient member of copy stamp papers each of

the value of as may be notified by the Commissioner of Labour.

Provided that application is made after the expiration of twelve months from the

date of the report, an additional searching fee of rupees two shall be charged].

20. Notwithstanding anything contained in Regulation 19, no person who, at any time

during the year, entrusted with any part of the funds or securities belonging o the

trade union shall be eligible to audit the accounts of that union.

21. The auditor or auditors appointed in accordance with the regulations shall be given

access to all the books of the trade union and shall verify the annual return with

the accounts and vouchers relating thereto and shall thereafter sign the auditor’s

declaration appended to Form-E indicating separately on that from under his

signature or their signatures a statement showing in what respect he or they find

the returns to be incorrect, un vouched or not in accordance with the Act.

The particulars given in this statement shall indicate:

(a) Every payment which appears to be unauthorized by the rules of the trade

union or contrary to the provisions of the Act.

(b) The amount of any deficiency or loss which appears to have been incurred by

the negligence or misconduct of any person; and

(c) The amount of any sum which ought to have been is not brought to account by

any person.

22. The audit of the political fund of 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.

23. (1) The register of the trade unions maintained in accordance with regulation 4

shall be open to inspection by any person on payment of a fee of as notified by the

Commissioner of Labour.

(2) Any documents in the possession of the Registrar received from a registered

trade union may be inspected by any person on payment of a fee as notified by the

Commissioner of Labour for each document inspected.

(3) Documents shall be open to inspection on all days which the office of the

Registrar is open and within such hours as may be fixed for this purpose by the

Registrar.

(4) The Registrar shall furnish a certified copy of any of the documents specified in

Clause (12) to a registered trade union or a member thereof, on application made

and on payment of copying fee as notified by the Commissioner of Labour.

Provided that if such application is made after the expiration of twelve

months from the date of receipt of such document in the office of the Registrar, an

additional searching fee of rupees two shall be charged.

24. The fees paid to the Government under these regulations shall be credited into the

Government Treasury to the head of account as notified by the Commissioner of

Labour.

25. The Andhra Pradesh Trade Union Regulations, 1927, are hereby repealed.

Provided that anything done or any action taken there under shall be deemed to

have been done or taken under these regulations.

[FORM A]

(See Regulation 3)

Section 8 of the Industrial Relations Code 2020

Application for Registration of Trade Unions

Name of the Trade Union..........................................................................

Address.............................................................................................................

Dated the...........................day of 20................................

1. This application is made by the persons whose names are subscribed

at the foot hereof.

2. The name of the registered Trade Union (under which it is proposed

that the Trade Union, on behalf of which this application is made, shall be

registered) is.......................as set forth in Rule No.................

3. The address of the Head Office of the Union to which all

communications and notices may be addressed is...............................

4. The ..................Union came in to existence on the ...............day of

.............20...........

5. The Union is a Union of employers/workers engaged/employed in

the..........................industry or.................. profession/or....................

establishment, and has.......................members.

6. The particulars required by Section 8 of the Industrial Relations Code

2020, are given in Schedule I.

7. The particulars given in Schedule II show the provision made in the

rules for the matters detailed in Section 8 of the Industrial Relations Code 2020.

8. (To be struck out in case of unions which have not been in existence

for one year before the date of application). The particulars required by Section 8

of the Industrial Relations Code 2020 are given in Schedule III.

9. One copy of the rules of the Union duly attested by all of us is

attached to this application.

10. We have been duly authorised to make this application by.

Name Signature Occupation Address

Signed

(1)

(2)

(3)

(4)

(5)

(6)

(7)

To

The Registrar of Trade Unions,

Andhra Pradesh, Vijayawada

*State here whether the authority to make this application was made by a

resolution of a General Meeting of the Trade Union, or if not, in what other way it

was given.