PENAL TIES AND PROCEDURE
31. Failure to submit returns.-(1) If default is made on the part of any registered Trade Union ill giving any notice or sending any statement or other document as
31. Failure to submit returns.-(1) If default is made on the part of any registered Trade Union ill giving any notice or sending any statement or other document as
required by or under any provision of this Act, every 1[office-bearer] or other person bound by the rules of the Trade Union to give or send the same, or, if there is no such officer or person, every member of the executive of the Trade Union, shall be punishable with fine which may extend to five rupees and, in the case of a continuing default, with an additional fine which may extend to five rupees for each week after the first during which the default continues:
Provided that the aggregate fine shall not exceed fifty rupees.
(2) Any person who wilfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by section 28 or in or from any copy of rules or of alterations of rules sent to the Registrar under that section, shall be punishable with fine which may extend to five hundred rupees.
COMMENTS
In case of delay in filing an amendment to the constitution of the Trade Union, the Registrar can impose a fine under section 31 instead of refusing to incorporate such amendment; Delhi Hindustani Mercantile Association v. Delhi Administration, 1990 LLR 234 Del.
32. Supplying false information regarding Trade Unions.-Any person who, with intent to deceive, gives to any member of a registered Trade Union or to any person intending or applying to become a member of such Trade Union any document purporting to be a copy of the rules of the Trade Union or of any alterations to the same which he /knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of an unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Union, shall be punishable with fine which may extend to two hundred rupees.
33. Cognizance of offences.-(1) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.
Provided that the aggregate fine shall not exceed fifty rupees.
(2) Any person who wilfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by section 28 or in or from any copy of rules or of alterations of rules sent to the Registrar under that section, shall be punishable with fine which may extend to five hundred rupees.
COMMENTS
In case of delay in filing an amendment to the constitution of the Trade Union, the Registrar can impose a fine under section 31 instead of refusing to incorporate such amendment; Delhi Hindustani Mercantile Association v. Delhi Administration, 1990 LLR 234 Del.
32. Supplying false information regarding Trade Unions.-Any person who, with intent to deceive, gives to any member of a registered Trade Union or to any person intending or applying to become a member of such Trade Union any document purporting to be a copy of the rules of the Trade Union or of any alterations to the same which he /knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of an unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Union, shall be punishable with fine which may extend to two hundred rupees.
33. Cognizance of offences.-(1) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.
(2) No court shall take cognizance of any offence under this Act, unless complaint thereof has been made by, or with the previous sanction of, the Registrar or, in the case of an offence under section 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed.
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