Section 28 of The Trade Unions Act, 1926 View Chapter 3

Returns.


   (1)  There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 31st day of 1[December] next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 31st day of 1[December]. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed.

   (2)  Together with the general statement there shall be sent to the Registrar a statement showing all changes of 2[office-bearers] made by the Trade Union during the year to which the general statement refers, together also with a copy of the rules of the Trade Union corrected up to the date of the despatch thereof to the Registrar.

   (3)  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.

   3[(4)  For the purpose of examining the documents referred to in sub-sections (1), (2) and (3), the Registrar, or any officer authorised by him, by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers, and other documents, relating to a Trade Union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a Trade Union.]

STATE AMENDMENT

Maharashtra.--

   Insertion of new section 28-IA in Chapter III of Act XVI of 1926.--In chapter III of the principal Act, after section 28, the following new section shall be inserted, namely: --

       "28-1A.  Power of Industrial Court to decide certain disputes.--(1) Where there is a dispute as respects whether or not any person is an office-bearer or a member of a registered Trade Union including any dispute relating to wrongful expulsion of any such office-bearer or member), or where there is any dispute relating to the property (including the account books) of any registered Trade Union, any member of such registered Trade Union for a period of not less than six months may, with the consent of the Registrar, and in such manner as may be prescribed, refer the dispute to the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, for decision.

       (2)  The Industrial Court shall, after hearing the parties to the dispute, decide the dispute; and may require an office-bearer or member of the Registered Trade Union to be appointed whether by election or otherwise under the supervision of such person as the Industrial Court may appoint in this behalf or removed, in accordance with the rules of the Trade Union:

       Provided that the Industrial Court may, pending the decision of the dispute, make an interim order specifying or appointing any person or appointing a Committee of Administration for any purpose under the Act including the purpose of taking possession or control of the property in dispute and managing it for the purposes of the Union pending the decision.

       (3)  The decision of the Industrial Court shall be final and binding on the parties and shall not be called in question in any Civil Court.

       (4)  No Civil Court shall entertain any suit or other proceedings in relation to the dispute referred to the Industrial Court as aforesaid, and if any suit or proceeding is pending in any such Court, the Civil Court shall, on receipt of an intimation from the Industrial Court that it is seized of the question, cease to exercise jurisdiction in respect thereof.

       (5)  Save as aforesaid, the Industrial Court may, in deciding disputes under this section, exercise the same powers and follow the same procedure as it exercises or follows for the purpose of deciding industrial disputes under the Bombay Industrial Relations Act, 1946."

   [Vide Maharashtra Act III of 1968, s. 3]

1Subs. by Act 38 of 1964, s. 6, for "March" (w.e.f. 1-4-1965).

2Subs. by s. 2, ibid., for officer (w.e.f. 1-4-1965).

3Ins. by Act 42 of 1960, s. 9