Amendment of heading of Chapter IV and insertion of new sections

In Chapter IV of the Principal Act,—

1. (i) for the heading "Regulations" the heading "Miscellaneous" be substituted; and
2. (ii) before section 29, the following sections be inserted, namely:— Other powers of Registrar. "28-I.

1. (1) For the purposes of discharging his duties generally under the Act and verifying the correctness of the annual returns submitted under section 28, the Registrar shall have power to inspect the account books, the list of memebers and the minute book of a registered Trade Union: Provided that an inspection made under this sub-section shall, as far as practicable, be done at the office of the registered Trade Union or at a place within a resonable distance therefrom and after giving resonable notice.
2. (2) For the purposes of discharging his duties under Chapter III-A, the Registrar shall, in addition to the powers mentioned in sub-section (1), have—
   • (a) the following powers of a court of civil jurisdiction under the Code of Civil Procedure, 1908 (V of 1908), namely:—
     • (i) power to require or accept the proof of facts by affidavits;
     • (ii) power to summon and enforce the attendance of any person and to examine him on oath;
     • (iii) power to compel the production of documents; and
     • (iv) power to issue commission for the examination of witnesses;
   • (b) power to enter and inspect any place used by a registered Trade Union as office after giving resonable notice; and
   • (c) such other powers as may be prescribed. Dispute as to officer of registered Trade Union. 28-J.
3. (1) If there is any dispute as to who is the lawful officer of a registered Trade Union, any person claiming to be such an officer or the Registrar may refer the dispute to the Industrial Court in such manner as may be prescribed.
4. (2) On a reference being made under sub-section (1), the Industrial Court shall, after hearing the parties to such dispute and recording such evidence as it may consider necessary, decide the dispute and declare who is the lawful officer. The decision of the Industrial Court shall be final and shall not be called in question in any court of law.
5. (3) No civil court shall entertain any suit or proceedings in respect of any dispute which has been referred to the Industrial Court under sub-section
6. (1) and is pending before such Court and if any such suit or proceeding is pending in a civil court on the date of the reference, the civil court shall, on receipt of a notice from the Industrial Court, cease to exercise jurisdiction in respect thereof and shall forthwith transfer the record of the suit or proceeding to the Industrial Court.”