State Act

The Bombay Industrial Relations Act, 1946

23. Approved list maintenance of conditions for being entered in.— (1) On an application being made in the prescribed form, by a union for being entered in the approved list, the Registrar may after holding such inquiry as he deems fit enter the union in such list if he is satisfied that the union has made rules, that the provisions of the said rules are being duly observed by the union, and that the rules provide that— (i) its membership subscription shall be not less than 2[fifty paise] per month ; (ii) its executive committee shall meet at intervals of not more than three months; (iii) all resolutions passed, whether by the executive committee or the general body of the union, shall be recorded in a minute book kept for the purpose ; (iv) an auditor appointed by Government may audit its accounts at least once in each financial year ; (v) every industrial dispute in which a settlement is not reached by conciliation shall be offered to be submitted to arbitration, and that arbitration under Chapter XI shall not be refused by it in any dispute ; (vi) no strike 3[shall be sanctioned, resorted to or supported] by it unless all the methods provided by or under this Act for the settlement of an industrial dispute have been exhausted 4[or unless the circumstances mentioned in the proviso to clause (h) of sub-section (1) of section 97 obtain] and the majority of its members vote by ballot in favour of such strike ; 5[(vii) no stoppage which is illegal under this Act shall be sanctioned 6[resorted to, or supported] by it ;] 1[(viii) no ‘go slow’ shall be sanctioned, resorted to or supported by it :] Provided that the Registrar shall not enter a union in the approved list if he is satisfied that it is not being conducted bona fide in the interest of its members, but to their prejudice. 2[Provided further that,— (a) the Registrar shall not entertain any fresh application by any union unless its previous application for being entered in the approved list is finally disposed of by him ; (b) when two or more unions fulfilling the conditions necessary for being entered in the approved list apply in respect of the same industry in any local area in the same calendar month, the union having the largest membership of employees in the industry in the calendar month immediately preceding the calendar month in which they apply, shall be entered in the approved list ; (c) where after receipt of any application from any union under sub-section (1) any other union or unions apply for being entered in the approved list, for the same industry in the same local area in any subsequent calendar month, such application or applications shall not be considered unless the application received first is disposed of by the Registrar.] Explanation.— “Member” for the purposes of clause (vi) means a member of the union for the purposes of the Indian Trade Unions Act, 1926 (XVI of 1926). (2) The 3[State] Government may by notification in the Official Gazette direct that in the case of any union or class of unions specified in the notification the membership subscription may, subject to a minimum of 4[twenty-five paise] per month, be less than 5[fifty paise]. (3) Notwithstanding anything contained in sub-section (1) there shall not at any time be more than one approved union in respect of any industry in a local area. (4) Any union complying with the conditions specified in sub-section (1) and having a larger membership in an industry in a local area than an approved union for such industry 6[in that local area] shall on application in that behalf be entered in the approved list in place of such approved union, 7[by the Registrar] 8[if after holding such inquiry as he deems fit, he is satisfied that the applicant union has got the larger membership in such industry in that local area than the approved union in the calendar month preceding the calendar month in which such application is made :] 9[Provided that, the Registrar shall not entertain— (a) any such application unless a period of two years has elapsed since the approved union was entered in the approved list ; (b) any fresh application by the same union, unless a period of one year has elapsed from the date of disposal of its previous application by the Registrar.]