The Indian Trade Unions (Gujarat Amendment) Act, 1961

1. (1) This Act may be called the Indian Trado Dniona (Gujarst Amend- mont) Act, 1961.
2. (2) It shall corrte into force on such date as tho State Governnle~lt may by notification in the Ojicinl Gnzctle, appoint.

In the preamble of the Indian Trade Unions Act,, 1926 in its application to the Statc of Gllj~Kit (hereiti~ftcr referred lo as "thc principal Act") bcfurc the words "It. is hereby enacted ss fullo~vs" the, follawi~~g allall be insertcd, namely :- "A1i(1 whereas it is cxpedierit to provide for deciding displitcv relating to officers or ruembcrs of the exccut.ives of Trade Unions and for ccrtaiii other purpuscs hereinafter appcari~g;".

In section 2 of the principal Act, after clause

1. (n) the following clause shall be inserted, namely:- "(n) "Industrial Court," means the Industrial Court constituted under the Bombay Industrial Relations Act, 1946, as in force in the State of Gujarat;".

In section 6 of the principal Act, after clause (f), the following shall be inserted, namely:--- "(ff) the termination of membership of the Trade Union of persons whose subscription is in arrears for a period exceeding six months or for such lesser period as may be provided in the rules ;".

After section 10 of the principal Act, the following section shall be inserted, namely :- 10A.

1. (1) The rules of every Trade Union which was registered under this Act before the date of the commencement of the Indian Trade Unions (Gujarat Amendment) Act, 1961 and the certificate of registration of which is in force on that date shall provide for the matter specified in clause
   • (f) of section 6.
2. (2) If no provision as required by sub-section
3. (1) is made in the rules of any existing registered Trade Union before the expiry of six months from the date mentioned in sub-section (1), the Registrar may cancel the certificate of registration of such Trade Union:- Provided that not less than two months' notice in writing specifying the ground on which it is proposed to cancel the certificate shall be given by the Registrar to the Trade Union before the certificate is cancelled.".

After section 11 of the principal Act, the following section shall be inserted, namely :- 11A.

1. (1) Notwithstanding anything contained in sub-section
2. (1) of section 11, in the case of a Trade Union in relation to which the State Government is the appropriate Government, any person aggrieved by any refusal of the Registrar to register such Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal to the Industrial Court. The decision of the Industrial Court in such appeal shall be final.
3. (2) In respect of an appeal under sub-section (1), the Industrial Court shall have the same powers and follow the same procedure as an appellate Court has and follows under sub-sections
4. (2) and
5. (3) of section 11.".

" CHAPTER 11 A DEPUTES RELATING TO OFFICE 12J, OR MEbIBERSHIP OF THE EXECUTIVE OF, A TRADE UNION.

CHAPTER IIA DISPUTES RELATING TO OFFICE OR MEMBERSHIP OF THE EXECUTIVE OF, A TRADE UNION

1. (1) If there is any disp~ltc as to who is the lawful Officer of a Tradc Rcfr\rcncu of Uiliorl or a member of thr: exccutivc t,liereof, any person who has been a rcrtAifl di9- p~~tca to nlcrnber of tlie Trade Union for a period of not less t.han six months io~mediatcly 1 r~duat rial I~efore thc date on which tllc dispute nrosc, may, with the coilse~~t of the Court. Registrar and ill sucl~ manner as nlsy ha prescribed, refer the displite to the Indwt,rial Court for a decision. (2) On n reference being nlndc under sub-section (I), the Iadustrial

Court hull, after hearing- the partics to such dispute, decide the dispute.

The Court may in iLq discretion require the holciing of fresh elections under its supervision to decide t,ho dispute. The decision of the Industrial Court

shall be final and shall not bo called in qucstion in any court of law.

(3) Pending the disposal of tho rcfercncc, the Industrial Court may make an interim order specifying the persons who shall be deemed to be the lad111 Officers of t.he Trade Uni, n or members of t,lie executive thereof, as the case may be, until the decision of the diaputa.

1. (4) KO Civil C~lut shall entcrtni~~ any civil suit or other proceeding in relation to disputes mentioned in tbia scction".