Model Constitution of a Trade Union

Model Constitution of a Trade Union

Rules and Regulations of ………… (name of the union)

1. The name of the union shall be the ………… and hereinafter referred to as “the union”.

2. The registered office of the union shall be ……………

3. The aims and objects of the union shall be—

(i) to redress the grievances of members;

(ii) to secure for the members proper conditions of service;

(iii) to persuade the employers to standardise at a fair level the wages of their workmen;

(iv) to prevent any reduction of wages below the permissible level;

(v) to organise and unite the persons engaged in the ………… industry in the ………… city and to regulate the relations of employers and of employees, inter se;

(vi) to provide against sickness, unemployment, infirmity, old age and death;

(vii) to secure compensation for members in cases of accidents under the Workmen’s Compensation Act;

(viii)  to make efforts at settlement of disputes between employers and workmen in an amicable manner in the interest of continuity of work;

(ix) to provide legal assistance to members in respect of matters or disputes arising out of, or incidental to, their employment;

(x) to render necessary help to the members during the period of any strike brought about with the permission of the union or a lock-out;

(xi) to obtain adequate information relating to the ………… industry in India and outside;

(xii) to co-operate and federate with labour organisations having similar objects in India and outside;

(xiii) to help, in accordance with the Indian Trade Unions Act, the working classes in India;

(xiv) generally, to take such other steps as may be necessary to ameliorate the social, economic, civic and political conditions of the members;

(xv)  to open permanent or temporary centres for the achievement of all or any of the above objects.

4. Any person engaged in the ………… industry in the ………… (in …………  District) who has attained the age of 15 years shall be entitled to become an ordinary member of the union on payment of an admission fee of annas ……… and a monthly subscription of ………… provided he agrees to abide by these rules and regulations and such other rules and bye-laws as may from time to time be framed by the union.

5. A member running in arrears of his monthly subscriptions for a period of three months shall be declared a defaulter and, in the event of his not clearing up the arrears within one month of such declaration, he shall cease to be a member and his name shall be removed. He may, however, rejoin on payment of arrears and fresh admission fee.

6. Benefits. No member of the union shall be entitled to any benefits that the union may decide to give to its members unless he has been a member for at least six months and has paid all contributions.

7.  A member of the union who is in arrears with his subscription or dues shall not be entitled to any benefits until all arrears have been paid and a period of two months has elapsed from the date of payment of such arrears.

8. Should the members of the union go on strike without the sanction or approval of the Managing Committee, they shall not be entitled to any benefits whatever.

9. The union shall keep a register of all its members containing their names and particulars of their place of work, their residence, etc.

10. The register shall be open to inspection by any member or officer of the union at the head office during the hours during which the office of the union is open on any weekday excluding holidays.

11. Executive. The executive of the union shall consist of a President, not more than two Vice-Presidents, a General Secretary, two Secretaries, a Treasurer, and four more members. All of them shall be elected at the Annual General Meeting of the union  and they shall be eligible for re-election.

The Executive so constituted shall have power to co-opt two more members.

12. Management of the union. The management of the affairs of the union shall be carried on by the Executive constituted as above.

13. In the event of a vacancy occurring among the office-bearers or the members of the Executive, it shall be filled by the Managing Committee by co-option.

14. Any office-bearer of the union or a member of the executive can be removed at the General Meeting of the members by a three-fourths majority for committing any fraud or having acted against the interests of the union, provided the office-bearer or the member to be removed is given reasonable opportunity to explain his conduct.

15. The Executive shall meet once a month or as often as found necessary on such days and at such place as may be fixed by the General Secretary in consultation with the President.

16. The presence of at least one-third members of the Managing Committee shall be necessary to form a quorum. No quorum is necessary for adjourned meetings.

17. At least five days’ notice shall be given for a Managing Committee meeting.

18. The President shall preside over all meetings of the union and the Executive, preserve order, sign all minutes and shall be allowed to give a casting vote only. The President shall have power if necessary, to call special meetings of the Executive or of the union, whenever necessary. One of the Vice-Presidents shall function in place of the President in his absence.

19. The General Secretary shall record minutes of all union and committee meetings, conduct all correspondence, convene all meetings, keep all accounts, exercise a supervision over the affairs of the union and shall also keep a correct account of all receipts and expenditure. He shall prepare a balance-sheet annually showing clearly every item of receipts and expenditure. He shall be responsible for submitting to the Registrar of Trade Unions all returns and notice that should be sent to that officer under the Indian Trade Unions Act 1926. He shall have power to engage, in consultation with the President and subject to the approval or confirmation of the Managing Committee, any assistants for organising and clerical purposes if he considers necessary, and all such assistants shall be under the control of the General Secretary.

20. The Secretaries shall generally help the General Secretary. One of them shall perform the duties of the General Secretary in his absence.

21. The Treasurer shall be responsible for all moneys which may from time to time be paid into the union and for duly banking them. He shall make payments towards all expenditure sanctioned by the Managing Committee. He shall not have the power to draw money from the bank without first having the cheque signed by the President or the General Secretary.

22. There shall be held in the month of April or May an Annual General Meeting of all the members of the union to transact the following business:

(a)  to adopt the report of the work done by the union and the audited statement of accounts;

(b) to elect the office-bearers and other members of the Managing Committee for the current year; and

(c) to transact such other business as may be brought forward with the permission of the Chairman.

23.  The President may call a General Meeting of the members of the union whenever he thinks necessary by giving 15 days’ notice to the members and shall call it on a requisition signed by one-fifth of the total strength of the union within 20 days of the receipt of the requisition. The quorum for the General Meeting shall be one-third of total membership. No quorum is necessary for adjourned meetings.

24. The general funds of the union shall consist of the admission fees, subscriptions from members, donation etc. They shall be deposited in a bank or banks, approved by the Managing Committee in the name of the union and the account may be operated by the Treasurer and either the President or the General Secretary. The General Secretary or the Treasurer shall not keep more than Rs. 50 with him for current expenses.

25. The union shall make the provision for the annual audit of the accounts of the union by competent auditors appointed by the Executive in accordance with the provisions of trade regulations applicable to the union.

26. The rules may be amended, altered, rescinded or added to at any time by a majority of the members present at a General Meeting provided a previous notice of at least seven days is given to the members of the proposed amendments, etc.

27. (a) The union shall not be dissolved except by the vote of a majority of three-fourths members present at a General Meeting called for the purpose, provided the total number of votes cast at such a meeting is not less than two-thirds of the total number of the members then on the rolls of the union.

(b) On the dissolution of the union the executive shall send a notice of dissolution to the Registrar in the manner provided by s. 28 of the Trade Unions Act and shall also make arrangements for winding up the union and to distribute its assets.

Dated this ………… day of ……… 2000

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