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INDUSTRIAL RELATIONS (BALUCHISTAN) RULES, 1973 INDUSTRIAL RELATIONS (BALUCHISTAN) RULES, 1973 (Baluchistan Gaz. Extr. December. 28, 1973, pp 1‑37.) [No. 1‑‑50/73‑Labour, 24th August 1973. Rules framed by the Governor of Baluchistan in exercise of the powers conferred by section 66(2) of the Industrial Relations Ordinance, 1969 (Ordinance No. XXIII of 1969) in consultation with the Federal Government.] CHAPTER‑I GENERAL 1. Short Title and Commencement.‑(1) These rules may be called the Industrial Relations (Baluchistan) Rules, 1973. (2) They shall come into force at once. 2. Definitions.‑‑(1) In these rules unless there is anything repugnant in the subject or context. (a) "Ballot Officer" means an officer appointed under Rule 18 ; (b) "Federation" means a federation of trade unions which a Registrar appointed by the Government is empowered to register ; (c) "Form" means a form appended to these rules ; (d) "Government" means tine Government of Baluchistan ; (e) "Ordinance" means the Industrial Relations Ordinance, 1969 (XXITI of 1969); (f) "Poling Officer" means an officer appointed under Rule 18 ; (g) "Section" weans a section of the Ordinance ; (h) "Secret Ballot or Ballot" means a secret ballot bold under section 22; (i) "Trade Union" or "Union" means trade union registered under section 18; (j) "Voter" means a person whose name is included in the list verified by the Registrar under sub‑section (5) of section 22. (2) All other words and expressions used but not defined in these rules shall have the same meaning as assigned to them in the Ordinance. 3. Application for registration.‑(1) An application for registration of a trade union made under section 5 shall be made tit Form "". (2) An application for registration of a federation of trade unions made under section 20 shall be made in Form "B". 4. Maintenance of registers of members, account books, minutes book. etc.‑‑(1) The application for the membership of trade union shall be in Form C . (2) Every registered trade union shall maintain a register of members, in Form D" showing particulars of subscriptions paid try each member. (3) Every registered Federation shall maintain a register in Form "E" showing all moneys received by it. (4) Every registered trade union or registered federation shall maintain (an account book an Form "F" showing its receipts and expenditure. The account book shall be bound register and all pages shall be numbered serially. (5) The minute book of a registered trade union or registered federa tion shall be kept in a bound register, whose every page shall be numbered serially and shall contain the following information, namely. ‑ (a) date place and time at which the meeting of the general body or the executive committee of the trade union or federation of trade unions are held ; (b) details of all points discussed and all resolutions passed ; (c) in the case of meetings of the general body, the approximate number of workers who attended the meeting and, in the case of meetings of the executive committee, the names and signatures of the officers of the executive who attended the meeting. (6) All minutes shall be confirmed in the subsequent meeting after reading out loudly, and taking consent of all members present. (7) Every registered trade union or registered federation shall issue printed receipts for all moneys received and shall maintain printed receipt books, every page of which shall be numbered serially, and an account of all such receipt books shall be maintained. (8) All expenses to be incurred by a trade union or federation of trade unions shall be supported by vouchers in original. 5. Limit of members of the executive.‑‑(1) The number of members of the executive of a trade union in an establishment shall be as under :‑ COLUMN (1) COLUMN (2) Where the total number of workers employed is not more than Maximum number of persons for ming the executive of, the trade union shall be Do. Do. Do. Do. Do. Do. Do. Do. 50 100 200 300 400 500 600 1000 5000 Do. Do. Do. Do. Do. Do. Do. Do. 5 8 10 12 14 16 18 20 25 Provided where the total number of workers employed in an establish ment is more than 5000 the maximum number of persons forming the Executive of the Trade Union shall not exceed 30. (2) The provisions of sub‑rule (1) shall mutatis mutandis apply to a trade union whose membership extends to more than one establishment ; provided that there shall be one member from amongst the workers em ployed in every such establishment who may be in addition to the number specified in column (2) of sub‑rule (1). 6. Register of trade unions and federation of trade unions.‑The Regis trar shall maintain a register of trade unions or federations registered by him in Form 'G". and Form H" respectively. 7. Certificate of Registration.‑A certificate of registration of trade union or federation of trade unions shall be in Form "I" 8. Powers and functions of Registrar.‑(1) The Registrar may enter' the office of any trade union or federation of trade unions or any other pre mises. which he has reason to believe to be used as an office of a trade union or a federation of trade unions, and make such inspection of the efface or premises and of any register or documents and take such evidences of any person as he may deem necessary for carrying out the purposes of the Ordinance. (2) The Registrar while inspecting the office of a trade union or federation of trade unions may call for any register or document and inspect the same. (3) The Registrar may inspect the accounts books of a trade union or a federation of trade unions and call for any clarification or obtain any information in writing from the officers of the executive of such trade union or federation of trade unions relating to the maintenance of accounts. (4) The Registrar may, at any time during working' hours, enter the office or premises of any establishment and make such examination of any register and document maintained by the employer and take such evidence of any person as he deems necessary for carrying out the purposes of the. Ordinance. (5) The Registrar shall for carrying out his functions under the Ordinance have the power to seize any record, register or other docu ments of any registered trade union or registered federation with such acknowledgement as he may consider necessary. (6) The Registrar may authorise in writing an officer to perform any or all of his functions under this Rule. 9. Auditors.‑(1) Save as provided in sub‑rules (2) and (3). they accounts of a registered trade union or a registered federation shall be audited annually by a Chartered Accountant within the meaning of Chartered Accountants Ordinance, 1961 (X of 1961). (2) Where the membership of a registered trade union or an affiliated registered trade union does not exceed 500, the annual audit of the accounts may be conducted :‑‑ (a) By any examiner of Local Fund Accounts : Or (b) By any auditor appointed by Government or by Registrar of Co‑operative Societies or by any Provincial Co‑operative Organisation recognised by Government for this purpose to conduct the audit of any Co‑operative society or (c) By any Local Fund Auditor appointed by the Government ; or (d) By any person who, having already an appointment under Government in Audit or Accounts Department is in receipt of pension of not less than Rs. 300;‑ per mensem. (3) Where the membership of a registered trade union or affiliated registered trade union of a registered federation did not at any time during the year exceed 200, the annual audit of the accounts may be conducted by any of the two members of the registered trade union other than its officers: Provided that no person who, at any time during‑ the year concerned, was entrusted with any part of the funds or securities belonging to the registered trade union, shall be eligible to audit the accounts of that union. 10. Submission of general statement.‑The general statement which a registered trade union or registered federation is required to send annually to the Registrar under stab‑section (1) of section 21, shall be sent in Form J' on or before the 31st March of the year next following the year to which the statement relates. CHAPTER‑II DETERMINATION OF COLLECTIVE BARGAINING AGENT 11. Supply of list of members.‑The trade union applying for determination of Collective Bargaining Agent shall submit lists of its members showing in respect of each member. his parentage, age, the section or department arid the place in which he is employed, his ticket number and the date of his becoming a member of the trade union. 12. Fixing date and plate for ballot.‑The Registrar shall fix a place, date and hours during which the ballot shall be taken, under intimation to the contesting unions and the employer: Provided that the date or hours so fixed may be advanced or postponed by the Registrar if, for reasons recorded in writing, the ballot cannot be held at such date or hour. 13. Allotment of symbols.‑The Registrar shall, after consultations with the duly authorised representatives of the contesting trade unions, allot different symbols to the contesting unions for the ballot : Provided that in case of a dispute between the contesting trade unions about the allotment of symbols the decision of the Registrar shall be final and binding on all the contesting trade unions. 14. Form of Ballot Paper.‑The votes shall be cast by means of a ballot paper which shall be in the Form "K". 15. Supply of Ballot Boxes.‑The employer shall provide to the Registrar at least 3 days before the ballot as many wooden boxes as away be required by him which shall be of the size 18" by 18" by 36". 16. Stoppage of ballot.‑If at any time, the ballot at any polling station is interrupted or obstructed for any reason, the Registrar may, stop ballot and appoint another date, time and place for such fresh ballot for that polling station on the basis of the list of voters already verified. 17. The number of polling booths.‑The Registrar shall decide the number and location of the booths to be provided for the ballot. The booth may be in accordance with the specification given in the sketch appended to these Rules as Form "L". 18. Appointment of Polling Officers and Ballot Officers etc. ‑The Registrar may appoint as many Polling Officers, Balloting Office: sand other staff as deemed necessary for conducting and supervising the ballot who shall perform all such duties and exercise all such powers as are assigned to the Registrar under these Rules. 19. Appointment of Polling Agents.‑(1) The contesting trade unions may appoint one polling agent at a time for each both and give notice thereof to the Polling Offices half an hour before the commencement of the polling provided, however, that failure to nominate an agent shall not delay the commencement or affect the conduct of the secret ballot. (2) The Polling Agent will witness the voting and assist the Polling Officer in identification of voters. 20. Commencement of ballot.‑Before commencement of ballot, the Polling Officer shall, in the presence of all the Polling Agents, satisfy himself that the ballot box is empty. The Polling Officer shall then seal the ballot box in the presence of the polling agents and record a certificate to this effect in Form M'. 21. Identification of Voters.‑The Polling Officer may require the voter to, product any evidence of identification before issuing the ballot paper to him. 22. Issuance of ballot paper.‑Ballot paper shall be issued to a voter only after his name and other full particulars have been verified from the list of voters approved by the Registrar. 23. Marking of ballot paper and casting of vote.‑(1) After a voter has been issued a ballot paper, he shall mark the ballot paper by putting cross(x) mark on the portion bearing the name and symbol of the Union of his choice. (2) The marking of the ballot paper under sub‑rule (1) shall be done in a segregated area provided for this purpose in‑the polling booth. (3) After marking the ballot paper the voter shall fold and drop it in the ballot box which is to be kept before the Polling Officer. 24. The Ballot Box.‑(1) Only one ballot box shall be used at a time in each one of the polling booths. (2) If, during the course of the polling, one ballot box has been filled to capacity and, in the opinion of the Polling Officer, can no longer be used for polling, the Polling Officer shall seal it in the manner prescribed under sub‑rule (2) of rule 25 and provide a new ballot box in the manner laid down in Rule 20. 25. Commencement and closure of ballot.‑(1) No person shall be given the ballot paper before or after the hours fixed for ballot excepting those persons who are within the polling booth at the closing time who shall be given the ballot papers and allowed to vote. (2) After all the persons present within the polling booth at the closing time have cast their votes, the Polling Officer shall forthwith seal the opening provided for dropping the ballot paper in the ballot box in the presence of the polling agents and will record a certificate to this effect in Form N'. 26. Unsealing of the ballot box and counting of votes.‑(1) After ballot box has been sealed as provided under sub‑rule (2) of rule 25, Polling Officer shall unseal it in the presence of the Polling Agents and record a certificate to this effect in Form O'. Provided that absence of a Polling Agent shall not affect or delay the unsealing of the ballot boxes. (2) After the ballot box has been unsealed as provided under sub -rule (1) the Polling Officer shall, in the presence of Polling Agents, count the votes and record the result of counting alongwith a certificate in Form 'P' duly signed by the Polling Agents. (3) If a Polling Agent refuses to sign the result sheet and the certi ficate under sub‑rule (2) this fact shall be recorded by the Polling Officer on the result sheet in the presence of two witnesses. 27. Decision on objections.‑All objections by the contesting trade unions whether before or at the time of ballot, shall be given in writing by the authorised representatives of the trade union to the Polling Officer who shall give his decision at the spot which shall be final and binding on the parties and shall not be called into question by or before any authority including a court of law. 28. Invalid ballot papers.‑The Polling Officer shall give a decision about challenged votes at the spot and the decision shall be binding on the contesting trade union. 29. Challenging of votes.‑When a vote is challenged by any of the Polling Agents during the course of the ballot, a fee of Rs. 5/‑ for every vote challenged shall be deposited with the Polling Officer. The amount of, such fee shall be paid in cash and a receipt in Form 'Q' shall be issued by the Polling Officer who will submit full account of the amount so received to the Registrar and deposit the same in the Government Treasury under the Head XXXVI‑Misc. Department Fee under the Industrial Relations Ordinance. 30. Duties of Polling officer.‑(1) The Polling Officer shall prepare a ballot paper account showing the number of blank ballot papers prepared for this purpose' and the number of ballot papers taken out of the ballot boxes. He shall also count the number of un‑issued and spoiled ballot papers and prepare a certificate in Form ‑R'. (2) The Polling Officer shall send to the Registrar the result sheet, the used and un‑used ballot papers, the ticked list of voters and other documents and papers as soon as possible after the counting of votes is completed. 31. Declaration of Collective Bargaining Agent.‑On receipt of the result from the Polling Officer, the Registrar or his authorised agent shall declare the trade union which has received the highest number of votes to he the Collective Bargaining Agent in accordance with clause (e) of sub‑section (9) of Section 22 and issue a certificate to this effect in Form ~S'. 32. Ballot to be repeated in case union receives less than the required number of votes.‑Notwithstanding the provisions of Rule 31 if the number of votes received by the winning trade union is less than one third .of the total number of workmen employed in the establishment, such union, shall not be declared as Collective Bargaining Agent and the ballot shall be held afresh on such date and time as may be fixed by the Registrar. Provided that such fresh ballot may be held on the basis of a fresh list of voters to be prepared by the Registrar in the manner provided in section 22. 33. Ballot to be repeated in case of a tie.‑In case the contesting trade unions receive equal number of votes, the secret ballot shall be held afresh on such date and time as may be fixed by the Registrar. 34. Additional Powers of Registrar.‑Notwithstanding anything contained in these Rules, If the ballot is to take place at more than one polling station located in different areas in one city or more than one cities the procedure for the referendum and all ancillary matters thereto may be determined to suit the requirements of the occasion by the Registrar or his authorised agent, under intimation to the contesting trade unions. CHAPTER III SHOP STEWARDS 35. Communication of the numbers of Shop Stewards by employer.‑‑‑(1) Every employer to whom sub‑section (1) of Section 23‑A applies shall communicate by exhibition on the notice board, the number of Shop Stewards to be nominated or elected, as the case may be, from various shops, departments, sections or constituencies of the establishment. (2) The employer shall communicate the names of the workers nomi nated by the Collective Bargaining Agent as shop stewards to the Director of Labour, Government of Baluchistan within one month of such nomination. 36. Fixation of number of Shop Stewards.‑The number of Shots Stewards in an establishment shall be so fixed as to afford representation to the various sections, shops or departments of the establishment. Provided that if there are more than one shift in an establishment, the Shop Stewards shall be nominated or elected so as to afford representa tion to each of the shifts. 37. Election of Shop Stewards.‑Every employer to whom clause (b) of sub‑section (1) of section 23‑A applies shall arrange for the election of the Shop Stewards within three months of the coming into force of these Rules, in the manner prescribed in this Chapter and shall send a report thereof to the Director of Labour, within one month of the said election. 38. Procedure for election.‑For the purpose of the elections under rule 37 the employer shall by notice affixed on the Notice Board and by giving adequate publicity call upon the workmen to elect their shop stewards and appoint:‑ (a) a date at least seven days after the date of such notice for filing nomination papers, (b) a date which shall not be more than ten days and not leas than seven days after the date of receipt of nomination papers as the date for the holding of the elections. 39. Voting for election.‑‑If the number of candidates who intend to contest the office of the Shop Stewards in a shop, section or department is equal to the number of Shop Stewards to be elected, the employer shall by a notice on the ?notice Board declare such candidates to be elected as Shop Stewards. 40. If in any shop, section or department, the number of candidates is more than the number of seat: allotted to such shop, section or depart ment, the voting shall take place on the day fixed for election. 41. Vacancies.‑In the event of a Shop Steward ceasing to be emplo yed in the establishment, section or department or resigning his office, his successor shall hold for the remaining term of the vacancy. 42. Facilities.‑‑The employer shall afford opportunities to the Shop Stewards to fulfil their obligations under the Ordinance and shall meet them as often as may be necessary. CHAPTER IV WORKERS PARTICIPATION IN MANAGEMENT 43. Determination of seats.‑‑(1) For the purpose of section 23‑B Employer shall communicate a list of names and designations of alt persons employed in the factory falling within the definition of emplo yer:" under the Ordinance to the Collective Bargaining Agent. Where there is no Collective Bargaining Agent such list shall be exhibited on the Notice Board near the office of the factory for three days. (2) The employer shall also notify the maximum number of workers representatives required to participate in management under section 23-B on the Notice Board. 44. Workers Participation in Management.‑‑The Collective Bargaining Agent shall communicate the names of the workers representatives under section 23‑B to the employer within one month of the notification by employer under rule 43. 45. Election of workers representatives.‑‑Where there is no Collective Bargaining Agent in a factory, the employer shall make all necessary arrangement, hold election and hear all expenses thereon to elect the workers representatives to the seats notified by him wider Rule 43 on the Notice Board. 46. Procedure of election. For the purpose of election under rule 45, the employer shall by notice affixed on the Notice Board and by giving adequate publicity, call upon the workmen to elect their representatives under section 23-B and appoint ‑‑‑ (a) a date at least 7 days after the date of such notice for filing nomination Papers:, (b) a date which shall not he more than 10 days after the date of receipt of nomination papers as the date for holding of election. 47. Voting for election‑‑(1) If the number of candidates who have been validly nominated is equal to the number to be elected by the wor kers, the employer shall exhibit a notice on the Notice Board declaring such candidates to be elected. (2) If the number of candidates who have been nominated is more than the number of workers to be elected, the voting shall take place oil the date fixed for elections. 48. Vacancies.‑‑In the event of workers representative whether elec ted or nominated ceasing to be employed in the factory or in the event of his resigning his office his successor shall be elected or nominated, as the case may be, for the refraining term of office in accordance with the man ner and procedure laid down in this Chapter. 49. Management Committee.‑The Management Committee under section 23‑B shall consist of the workers representative nominated or elected tinder this Chapter and such representatives of the employer working for the time being as employer in the same factory as may be nominated by him. (Rule 49-A added by Noti. No. 11-97/81-Labour, 28 Feb, 1983. Baluchistan Gaz. Extr. No. 51, Feb. 28, 1983.)[49‑A. Nomination of an Auditor,‑‑‑(1) In application for nomination of an Auditor under sub‑section (10) of section 23‑B of the Ordinance rimy be made by the President or General Secretary of tale Trade Union which is the Collective Bargaining gent, and shall be accompanied by a resolution passed ay the resolution Bargaining Agent authorizing such President or General Secretary to make such application. (2) The application under sub‑rule (1) any be withdrawn at any time, before the appointment of the Auditor is notified in the official Gazette. (3) Collective Bargaining Agent of an establishment which in a factory and the number of workers employed in which in any shift at any time during a year is 50 or more may make an application to the Provincial Government to nominate an Auditor to audit the accounts of the factory within six months of the closing of the accounting year. CHAPTER V. WORKS COUNCILS 50. Constitution of Works Council. The number of members constituting the Works Council shall not he be less than 10 and not more than 20 and shall be so fixed by the employer in consultation with tile Collective Bar gaining Agent, if any, as to afford representation to the various categories groups and classes of workmen engaged in, and to tire sections, shops or , departments of the establishment. 51. Nomination of representatives by the Collective Bargaining Agent. ‑‑In an. establishment where there is a Collective Bargaining Agent. Such agent shall communicate the harries and particulars of the representatives of the workmen on the Works, Council to the employer. 52. Publication of names of the representatives on the Work Council: Within 7 days of the receipt of nominations from the Collective Bargaining Agent, the employer shall constitute the Works Council by a notice two be hung on the Now Board And furnish copies there of the Collective Bargaining Agent, Director of Labour and the Registrar. Provided that the Collective Bargaining Agent, may make fresh nomination in respect of any representatives of the workmen on the Works Council at any subsequent time where the Collective Bargaining Agent has rea son; to believe that any such representative has lost his representative character, and the employer shall, within 7 days of receipt of such nomina tion, reconstitute the Works Council with such new representative. 53. Constitution of Works Council where there is no Collective Bar gaining Agent.‑In an establishment where there is no Collective Bargain ing Agent, the employer shall hold election to choose representatives of workmen for the Works Council and within seven days of such election the employer shall constitute the Work; Council by a notice as laid down ill Rule 52. Thereafter, such election shall be held at an interval of every two years. 54. Employer to hold election for choosing representative on the Works Council. Where representatives of workmen are to be elected through election, the employer shall snake all necessary arrangements for holding election through secret ballot. 55. Qualifications of candidate for election. ‑‑Any workmen of not less than 21 years of age and with a service of not less than one year in the establishment may be a candidate, for election as representative of the workmen on the Council: Provided that the service qualification shall not apply to the first elec tion in an establishment which has been in existence for less than a year. 56. Qualifications of Voters‑All workmen who have put not less than 6 months service in the establishment shall be entitled to vote in the election of the representatives of workmen. 57. Procedure of election‑‑ (1) For the purpose of election to choose the representatives of workmen the employer shall by notice affixed to the Notice Board and by giving adequate publicity among the workmen, call upon the workmen to elect representatives for the Works Council. (2) As soon its may be after the workmen have been called upon to elect representatives to the Works Council under role (1), the employer shall appoint :‑ (a) a day, at least seven days after the date of such notice, for the nomination of candidates. (b) a day, for the Security of nomination papers ; (c) a day, which shall nut be less than three day's or more than ten days after the scrutiny day for the holding of the election. (3) The notice under sub-rule (2) shall also specify the number of representative, to be chosen from amongst various groups, sections, shop or departments of the establishment. 58. Nominations.‑(1) Any voters may, for the purpose of election as representative on the Work Council, propose or second the name of any person who is duly qualified to be elected as such representative. (2) Very proposal shall be made by a separate nomination paper in Form 'T' which shall be supplied by the employer, and signed by the propose seconder and the candidate. (3) Every nomination paper shall be directed on or before the nomi nation day by the candidate or his propose or seconder to the employer who shall acknowledge in writing, the receipt of the nomination paper. 59. Scrutiny.‑(1) The candidates their proposers and seconders, and one outer person authorised in this behalf by each candidate may attend the scrutiny of nomination papers and the employer shall give them reasonable opportunity for examining all nomination papers delivered to him under rule 58. (2) The employer shall, in the presence of the persons attending the scrutiny under sub‑rule (1), examine the nomination papers and dispose of any objection raised by any such person to any nomination. (3) The employer may reject any nomination paper if he is satisfied that: (a) The candidate is disqualified to be a representative of the workmen under rule 55, or (b) Any provision of rule 58 has not been complied with. 60. Voting in election.‑‑(1) If the number of candidates who have been validly nominated is equal to the number of representatives to be elected the employer shall by public notice declare such candidates to be elected. (2) If in any group, section, shop or department the number of candidates is more than the number of seats allotted to it, voting shall take place on the day fixed for election. (3) The election shall be held through secret ballot and shall be conducted by the employer. 61. Arrangement for election.‑The employer shall be responsible for making all arrangements in connection with the election. 62. Officers of the Works Council. (1) The Works Council shall elect office bearers including one Vice‑President and two Joint Secretaries. The president shall be nominated by the employer from amongst the emplo yer's representatives pan the Council. (2) The Workers' representatives on the Works Council shall elect one Vice‑President and one Joint Secretary from amongst themselves Employer's, representatives in the Works Council shall elect on Joint Secretary from amongst tb6m:elves. (3) Until the Works Council elects an office bearer or makes some suitable arrangement for keeping records of the meetings, each Joint secretary shall maintain the records of the proceedings for six Months alternately. 63. Term of Office.‑(1) The term of the Works Council shall be two years from the date of its constitution. (2) member chosen to fill a casual vacancy shall hold office for the remaining term of the Works Council. 64. Vacancies.‑‑‑In the event of a workmen's representative ceasing to be employed in the establishment or in the event of his resigning the membership in the Works Council his successor shall be elected from the group, section, shop or department to which the member vacating the seat belonged. 65. Power to co‑opt.‑‑The Works council shall have the right to coopt in a consultative capacity persona employed in the establishment having a particular or special knowledge of a matter under discussion. Such Co. opted members shall not be entitled to vote and shall be present at the meetings only for the period during which the particular question is before the Council. 66. Number of Meetings.‑The Works Council may meet as often as necessary but not less than once a month. 67. Facilities for meetings, etc. The employer shall provide accommodation for holding meetings of the Works Council. He shall also provide all necessary facilities to the Council and to the members thereof for carrying out the functions of the Works Council. CHAPTER VI JOINT CONSULTATION, MEDIATION AND CONCILIATION 68. Function of Conciliators.‑(1) For the purpose of bringing about a ‑settlement of an industrial dispute, a Conciliator:‑ (a) may call for and inspect any register, certificate or notice which he has reason to believe to be relevant to the dispute and may, in case of failure of the person to produce it in time, seize it; and (b) may enter the premises occupied by any establishment to which the dispute relates, and require any person whom he finds in the establishment to give such information relating to the dispute as is in his knowledge. (2) Every Conciliator shall keep records of the conciliation proceed ings in such manner as he deems fit. 69. Notice of strike or lock-out.‑A notice of strike served under sub‑section (3) of section 26 shall be in Form 'U' and a notice of lock‑out shall be in Form 'V'. 70. Form of Settlement.‑The settlement arrived at during, the con ciliation proceedings shall be in Form 'W'. 71. Agreement.‑An agreement in writing between the employer and his workmen arrived at otherwise than in the course of conciliation pro ceedings shall tie signed by the representatives of the employer and the workmen at a meeting and such agreement shall be in Form 'X'. CHAPTER VII MISCELLANEOUS 72. Procedure of the Labour Appellate Tribunal.‑In hearing an appeal against an award the labour Appellate Tribunal shall follow the same procedure as is followed by an Appellate Court in hearing a first appeal under the Code of Civil Procedure, 1908 (Act V of 1908). 73. Determination of computed money.‑Where any workman is entitled to receive from the employer any benefit under an award or decision he may apply to the Labour Court which gave the award or to the Labour Appellate Tribunal which gave the decision for computation of the benefit in terms of money. The Labour Court of the Tribunal, as the case may be, shall determine the amount at which such benefit shall be computed after hearing the parties to the dispute. 74. Penalties.‑Any breach of these Rules shall be punishable with fine not exceeding one hundred rupees. FORM A [Rule 3 (1)] APPLICATION FOR REGISTRATION OF TRADE UNION Dated, the --------------------------- 19------------------- The Registrar of Trade Unions, Government of --------------------------------------------- Dear Sir, 1. We hereby apply for the registration of Trade Union under the name of ----------------------------- which is a Trade Union of Workmen/Employers. The address of the Head Office of the Trade Union is ------------------------------------------ ------------------------------------------------------------------------------------------------ 3. The Union was formed on ------------------------- day of ----------------------------------- 4. The following documents are attached :‑ (i) Schedule I giving particulars required under section 6(a)(iii) of the Industrial Relations Ordinance, 1969. (ii) The statement required under section 6(a) (iv) of the Indus. trial Relations Ordinance, 1969, showing total paid member ship. (iii) The name of the establishment or group of establishment or the Industry, as the case may be, to which the Trade Union relates. (iv) Three copies of the constitution of the Trade Union conforming to the provisions of section 7 of the Industrial Relations Ordinance, 1969 together with a copy of the resolution mentioned in section 6(b) thereof. (v) A certificate to the effect that no officer of the Union has been convicted under section 61 of the Industrial Relations Ordinance, 1969. (vi) A copy of the resolution mentioned in section 6(c) of the Industrial Relations Ordinance, 1969. Yours faithfully, President --------------------------- General Secretary ------------------- Date -------------------------------- Enclosures as above. SCHEDULE 'I' to FORM 'A' PARTICULARS OF OFFICERS Serial No. Name Father's Name, Husband s Name Age Address Post held in the Union Particulars of Employment of the Members Signature or left thumb impression Local Permanent Establishment Department Ticket or token No. 1 2 3 4 5 6 7 8 9 10 11 FORM B [Rule 3(2)] APPLICATION FOR REGISTRATION OF A FEDERATION Dated ----------------------------- Day of -------------------------- 19: The Registrar of Trade Unions, Government of .............................. Dear Sir, 1. We hereby apply for the registration of a Federation under the name of ------------------- which as a federation of Trade Unions of Workmen/Employers. 2. Address of the Head Office of the Federation is ..................... Telephone No ------------ 3. The Federation was formed on the --------------- day of -------------- 19 ---------------- and had ----------------- registered unions affiliated on the date of application. 4. The following documents are enclosed :‑ (i) Three copies of the Constitution of the federation. (ii) Particulars of affiliated Unions in Schedule I. (iii) The name of the group of establishment or the industry to which the federation relates. (iv) Resolutions of the general body of the registered trade unions affiliated to the federation expressing their agreements fair joining the: federation, (v) Resolution passed in a meeting of the federation duly authorizing the applicants to make this application. (vi) Particulars of the Officers of the Federation in Schedule II. (vii) Copies of instruments of Federation executed between the Federation and each of the Union. (viii) A Certificate to the effect that no Officer of then Federation or the Trade Unions affiliated to the Federation has been convinced under section 61 of the Industrial Relations Ordinance 1969. Yours faithfully, 1. --------------------------- 2. --------------------------- 3. --------------------------- 4. --------------------------- 5. --------------------------- As above. Dated .................. SCHEDULE I to FORM B PARTICULARS OF AFFILIATED UNIONS Name of the Union with Registration No. Address of the Union Name of the President and Secretary Name of the Establishment in which operating No. of Members of the Union 1 2 3 4 5 Signatures: President ----------------------------- General Secretary --------------------- Dated --------------------------------- SCHEDULE II to FORM B PARTICULARS OF OFFICERS Serial No. Name Father's Name, Husband s Name Age Address Police Station Post held in the Union Particulars of Employment of the Members Signature or left thumb impression Local Permanent Name of Establishment where employed Department Ticket or token No. 1 2 3 4 5 6 7 8 9 10 11 Signatures : President --------------------- General Secretary ------------- Dated-------------------------- FORM 'C' (Rule 4(1)] FORM OP APPLICATION FOR MEMBERSHIP (NAME OF THE TRADE UNION) Dated the ........................... The General Secretary, (Name do Address of the Trade Union). Dear Sir, I apply for‑ admission as a member of the------------------------------ : (Name of the Trade Union). I have carefully read and understood the provisions of the constitu tion of the Trade Union. The Provision, of the constitution of the Trade Union have been read to and understood by me and I hereby agree to abide by them. My Particulars are given below :‑ 1. Name with father's/husband's name. 2. Age. 3. Estt ; in which employed. 4. Department. 5. Ticket number, if any. 6. Whether permanent or temporary. 7. Date of the entry into present employment. 8. Whether member of any other Trade Union. 9. Address (I). Local (II) Permanent. Signature/Thumb Impression. Date ........................ FORM D [Rule 4(2)] MEMBERSHIP REGISTER -------------------------------- NAME OF UNION ---------------------------------------- Name of Member Father's/Husband's Name Address Desig. of the Worker/Token No, Deptt, in which working Admission fee if any Collections other than monthly subscription Monthly Subscription Arrears ‑‑‑‑January Current Arrears ‑‑‑‑February Current Arrears ‑‑‑‑March Current 1 2 3 4 5 6 7 8 9 10 Monthly Subscription Arrears ------April Current Arrears --------May Current Arrears -------June Current Arrears ---------July Current Arrears ---------August Current Arrears ---------September Current Arrears ---------October Current Arrears -------November Current Arrears --------December Current Remarks if any 11 12 13 14 15 16 17 18 19 20 SIGNATURE OF THE GENERAL SECRETARY/AUTHORISED OFFICER OF THE UNION FORM E'. [Rule 4(3)] RECEIPT BOOK Name and address of the Federation -------------------------------------------- Name and Particulars of the Trade Union/ Organisation from which money is received Date of receipt AMOUNT RECEIVED Jan. Feb. March April May June July August Sep. Oct. Nov. Dec. Total 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SIGNATURE OF THE GENERAL SECRETARY/AUTHORISED OFFICER OF THE FEDERATION DATED ---------- FORM 'F'. [Rule 4 (4)] ACCOUNT BOOK Name of the Registered Trade Union/Registered Federation --------------------------------- Name of the Month to which the account relates --------------------------------------------- RECEIPT EXPENDITURE BALANCE Date Description Voucher No. Previous Balance Current Rs. Grand total Rs. Date Description Voucher No. Current Rs. Grand Total Rs. Column 6 minus Column 11 1 2 3 4 5 6 7 8 9 10 11 12 General Secretary/Authorised Officer of the Trade Union/Federation. Dated ----------- FORM G [Rude 6] REGISTER OF TRADE UNIONS Serial No. Name of Union with Address Registration No. and Date Names of President and Secretary with Address Name and Address of Industry/Establishment with which Address No. of Members of the Union Name and Address of the Federation If Affiliated Remarks 1 2 3 4 5 6 7 8 FORM H [Rule 6] REGISTRTION OF FEDERATIONS Serial No. Registration No. and Date Name of Federation with address Name and address of Trade/Industry/Established with which Federation is connected Name of the President and Secretary of Federation with their Address Name of Unions Affiliated to the Federation Total No. of Members of each of the affiliated Unions Remarks 1 2 3 4 5 6 7 8 FORM I [Rule 7] S. No...................... OFFICE OF THE REGISTRAR OF TRADE UNIONS (Monogram) CERTIFICATE OF REGISTRATION It is hereby certified that the ------------------------------------ (name of Union/Federation) ---------------------- representing -----------------(Employers/Workers) ------------------------------------------------------- Employed in ----------------------------------------------------- ------------------------------------------------------------------------------------------------ has been registered, under the Industrial Relations Ordinance, 1969, this ------------------------------------------------------------ day of ------------------------- 197 . Registrar of Trade Unions. FORM 'J' [Rule 10] PART‑I FORM FOR ANNUAL RETURN (Annual return required to be submitted under section 21 of the Industrial Relations Ordinance, 1969 for the year ending 31st December, 19‑ Name of the Trade Union ----------------------- Registered Head Office ----------------------- Registration No. Dated ---------------- Return to be submitted by a 1. No. of Unions affiliated at the Federation of Trade Unions. beginning of the year and the number of members of each of these unions. 2. No. of unions joining during the year and the No. of mem bers of each of these unions. 3. No. of unions disaffiliated during the year. 4. No. of affiliated unions at the end of the year and with their respective membership. Return to be submitted by a 1. No. of members on record at Trade Union. the beginning of the year. 2. No. of members admitted during the year. 3. No. of members who left during the year. 4. Total No. of members on record at the end of the year. Male........................... Female........................ 5. Name of the Federation if any to which the union is affiliated. A copy of the constitution of the Trade Union, corrected up to the date of despatch of this return, is appended. GENERAL SECRETARY DATED .............................. FORM J PART‑II STATEMENT OF LIABILITIES AND ASSETS ON THE DAY OF ---------------------- 197 ------------------------------------------ Liabilities. Rs. Ps. Assets. Rs. Ps. Amount of General Cash‑ fund loans from‑ in hands of Treasury in hands of Secretary in hands of in the bank Securities as per list below Unpaid subscriptions due. Debts due to Loans. ------------- ------------- ------------ ------------ ------------ ------------ Other liabilities (to be specified) Immovable property ----------------------------------- other assests. (to be specified). ------------- ------------- ------------ ------------ Total liabilities Total Assets. LIST OF SECURITIES Particulars Nominal Market value at date in hands Value on which accounts have been made up. TREASURER GENERAL SECRETARY Dated ----------------- Dated ------------------------- FORM 'J' PART‑III GENERAL FUND ACCOUNT Income Rs. Paisa. Expenditure Rs. Paisa. Balance at the Salaries, allow‑ beginning of the year. ances and expenses of office bearers. Contributions Salaries, allow from members. ances and expenses of establishment Auditor's fee ---------- Donations, Legal expenses. Sale of periodicals:, etc, Expenses in conducting labour disputes. Interest on invest‑ Compensation paid ment. to member for loss arising out of labour . disputes. Income from Funeral, old age, miscellaneous sources, sickness., unemploy (To be specified) ment benefits etc. Cost of publishing periodicals. Rents rates and taxes. Stationery, Print ing and postage. Educational and training expenses. Other expenses (to be specified) Balance at the end of the year. TOTAL TOTAL SIGNATURE: ---------------- SIGNATURE TREASURER GENERAL SECRETARY ------- DATED ----------------- DATED -------------------------- : FORM 'J' [PART‑IV] AUDITOR'S DECLARATION 1. The undersigned, having had access to all the books and accounts of the Trade Union/Federation and having examined the foregoing state ments and verified the same with the account Voucher relating thereto, now sign the same as found to be correct duly vouched and in accordance with the law, subject to the remarks, if any, appended hereto. 2. I am duly qualified to audit the accounts of the union/federation. AUDITOR. The following changes in the executive have been made during the year/Officers Relinquishing Office. NAME OFFICE DATE OF RELINQUISHING OFFICE OFFICERS APPOINTED NAME AGE OFFICE ADDRESS OCCUPATION DATE OF APPOINT MENT Full list of officers of the executive as stood on 31.12.19 ........................ NAME AGE OFFICE ADDRESS OCCUPATION DATE OF APPOINT-MENT Signature of Treasurer Signature of General Secretary. Date -------- Date ----------- FORM K [Rule 14] BALLOT PAPER Name of the Union Name of the Union (To be printed in English and (To be printed in English and Urdu) Urdu) Symbol of the Union Symbol of the Union. FORM X (This form should be read after form W.) [Rule 71] FORM OF AGREEMENT Representing Workers. Representing Employers. Short Recital of the Case. Terms of agreement. Signature of Parties Representing Employers Representing Workers Date ------------------------ Copy to :‑‑ 1. The Director of Labour, Government of -------------------------- 2. The Conciliator (of the area concerned). 3. The Secretary, Ministry of Labour, Government of Pakistan. 4. The Secretary, Labour Department, Government of --------------- FORM L [Rule 17] |50 Yards 50 yards Segregated area for marking the Ballot Paper Segregated area for marking the Ballot Paper 50 Yards EXIT ENTRANCE BALLOT BOX POLLING AGENT POLLING: BALLOTING ASSTT. TO BALLOTING OFFICER: OFFICER OFFICER |50 Yards FORM 'M' [Rule 20] Certified that the Ballot Box has been shown empty by me to the satisfaction of M/S ------------------------------------------- and ------------------------------------------------------ --------------------------------------- nominated agents of ----------------------------------- ---------------------------------------- and --------------------------------------------------- respectively and the same has been scaled by me in their presence with the authorised official seal. Date Name and Signature----------------- (Polling Officer) Time Booth No. -------------------------- Location ---------------------------- ----------------------------- ------------------------------ Agent (Name of the Union) Agent (Name of the Union) FORM `N' [Rule 25(2)] Certified that the Ballot Box has been scaled by me in the presence of M/S ------------------------------------------------------------------ nominated agents o f --------------------------------------- and ------------------- respectively with the authorised official seal. Date Name and Signature --------------- (Polling Officer) Booth No ------------------------ Time Location ------------------------ Agent ( ) Agent ( ) FORM 'O' [Rule 26 (1)] Certified that the Ballot Box has been unsealed by me in the presence of M/S. ------------------------------------------------ and -------------------------------------------------------- ------------------------------------ duly nominated agent of ------------------------------------------------------------------------------ and --------------------------------- respectively for the purpose of counting of coat votes. Date: Name and Signature----------------- (Polling Officer) Time Booth No. -------------------------- Location. ---------------------------- -------------------- -------------------------- Agent ( ) Agent. ( ) FORM 'P' [Rule 26(2)] RESULT SHEET Certified that I have personally counted the cast vote of Booth No.-------------------------------------------------------------------- of ----------------------------(Location) in the presence of M/S --------------------- and ---------------------duly nominated agents of ---------------------------------- respectively to their entire satisfaction and hereby declare the following results: 1. No. of Votes cast in favour of --------------------- -------------------------------- 2. No. of Votes cast in favour of --------------------- -------------------------------- 3. No. of votes declared invalid --------------------- 4. No. of disputed or challenged votes --------------------- Name and Signature ---------------- (Polling Officer) Dated Polling Booth No. ------------------ Time: Location ---------------------------- -------------------------------- -------------------------------- Agent ( ) Agent ( ) FORM Q' [Rule 29] RECEIPT Received an amount of Rs. --------------------- from Mr. -------------------------------------------------------------------- the Polling Agent of ------------------------------------------------ on account of fee charged under rule 29 of the Industrial Relations (Baluchistan) Rules, 1973. SIGNATURE OF POLLING OFFICER Dated........................ FORM R [Rule 30] Certified that I have personally counted the Votes cast at Booth No.----------------------------------------------------------- of ------------------------------------------------------------- (Location) In the presence of the following duly nominated Polling Agents: Name of Agent. Name of Union. 1. -------------------------- ------------------- 2. -------------------------- ------------------- to their entire satisfaction and hereby give the following account of the Ballot paper: 1. Total No: of Ballot papers received ------------------- 2. Total No. of Ballot papers issued ------------------- 3. No. of ballot papers unused ------------------- 4. No: of Votes cast in favour of ------------------- ..................... Union. 5. No. of votes cast in favour of ------------------- ........................ Union 6. No of votes declared invalid ------------------- 7. No. of votes spoiled ------------------- 8. No. of votes challenged/disputed ------------------- 9. Total of items 4, 5, 6, 7, and 8 ------------------- 10. No. of ballot papers found missing ------------------- 11. No. of ballot papers found in excess ------------------- Date : Name and Signature ------------- (Polling Officer) Time:‑ Polling Booth No . ---------------- Location -------------------------- Signature of Agent -------------- Signature of Agent ---------------- Note : Total at Serial No. 9 should tally with figures at Serial No. 2. FORM S' [Rule 31] S. No ....... OFFICE OF THE REGISTRAR OF TRADE UNIONS (MONOGRAM) CERTIFICATE Certified that .................................................................................... (Name of the Trade Union or Federation with its address) as the Collective Bargaining Agent for ................................................................................................................................................ (Name of establishment/establishments or industry with address) Under the Industrial Relations Ordinance, 1969 (as amended) with effect from the --------------------------------- day of ----------------------------- 197 . REGISTRAR OF TRADE UNIONS FORM 'T' [Rude 58(2)] FORM OF NOMINATION PAPER NAME OF INDUSTRIAL GROUP/SECTION/SHOP/DEPARTMENT ESTABLISHMENT. I propose .................................................................................. (Here enter the name of the Workmen's representative eligible for election) as a candidate for election to the Works Council. Date................................... Signature of Proposer with Depart ment and Token No ....:................ I second the proposal. Signature of Seconder, with De partment and Token No ............... Signature of candidate with De I agree to the proposed nomination. `partment and Token No ............... FORM 'U' [Rule 69] NOTICE OF STRIKE Name of the Registered Trade Union ----------------------------------------------------------- having status of the Collective ----------------------------------------------------------------- Bargaining Agent. ----------------------------------------------------------- ------------------ Address ----------------------- Dated the------------------------------ day of -------------------- 19 -------------------- To -------------------------- Name of the Employer)," -------------------------- -------------------------- Dear Sir; In accordance with the provision contained in sub‑section (3) of section 26 read with section 28 of the Industrial Relations Ordinance, 1969, I hereby give you notice, that I. propose to call a strike on--------------------- 19 ------------------ for the points of Industrial dispute explained in the annexure. It is certified that the dispute was represented to the employer/employers an ---------------------------- 19 ------------------------ for direct negotiation and statement. Yours faithfully. GENERAL SECRETARY OF THE UNION Copy to (i) The Conciliator of the area concerned. (ii) The Director of Labour Welfare------ (iii) The Deputy Commissioner---------- FORM V [Rule 69] NOTICE OF LOCK‑OUT Name of employer ------------------------------------ Address:- ------------------------------------ Dated the‑‑‑------------------------ day of ---------------- 19 . To, The General Secretary if the Registered. Trade Union (having the status of Collective Bargaining Agent). Dear Sir, In accordance with the provision: of sub‑section (3) of section 26 read with section 28 of the Industrial Relations Ordinance, 1969, I/We hereby inform you that it is my/our intention to effect a lock‑out with effect from............... for the points of Industrial dispute explained in the annexure. It is certified that the dispute was represented to the Collective Bargaining Agent on ----------------------- 19 ----------------------------------- for direct negotiation and settlement. Yours faithfully, ( ) Here insert the position which the person who signs this letter holds with employer issuing this letter. Copy to:- (i) The Conciliator of the area concerned. (ii) The Director Labour Welfare .................. (iii) The Deputy Commissioner . FORM `W' [Rule 70] MEMO OF SETTLEMENT Representing Workers. Representing Employers. Short Recital of the Case. Terms of agreement. Signature of Parties Representing Employers. Representing Workers. Before‑me. Date ----------------------- Signature of Conciliator of the the Area Concerned Copy to:- 1. The Director Labour, Government of ------------------------------ 2. The Conciliator (of the area concerned). 3. The Secretary, Ministry of Labour, Government of Pakistan. 4. The Secretary, Labour Department, Government of .................. FORM X [Please see this form after Form K]