THE TRADE ORGANISATIONS ORDINANCE, 1961

(ORDINANCE NO. XLV OF 1961).
  [2nd December, 1961]
 
 
     
   
 
 
  Registered trade organisations to be subject to the control of Director  
9. (1) All acts and proceedings of a registered trade organisation shall be subject to the control of the 1[ Director and] the affairs of such trade organisation shall be managed and conducted in such manner as the Director may, from time to time, direct.



(2) Notwithstanding anything contained in any law for the time being in force or in the articles or memorandum of a registered trade organisation and without prejudice to the generality of the foregoing provision, the Director may-



(a) require any such trade organisation or any competent person connected therewith to furnish him with any information, documents and returns relating to the affairs of such trade organisation or to answer 2[ * * *] any query with respect thereto;

(b) inspect, with or without prior notice, any office of such trade organisation including any of its branch or regional, circle, zonal or liaison office, or any record or document found therein;



(c) attend any meeting of the general body or the Executive Committee of such trade organisation or of any committee or other body set up or appointed to transact any business, or to conduct any affair, of such trade organisation;



(d) watch and supervise, or cause to be watched and supervised, any election held by, or for the purpose of electing persons to the Executive Committee or other body including a regional, circle or zonal body of any such trade organisation;



(e) within thirty days of the announcement of the results of any election held by any such trade organisation, or any body exercising any function relating thereto for the purpose of electing any person to the Executive Committee or other body including regional, circle or zonal body of such trade organisation or for any other purpose and with the approval of the Government, annul such election if he is satisfied,-



3[ (i) upon his own knowledge;



(ia) after an investigation on the basis of a complaint received from any of the contestants; or]



(ii) upon a report made by a person authorised by him to make investigation for the purpose,



that the 4[ unfairness] in the conduct of such election justify such annulment and, by order in writing, direct fresh election to be held within such period as may be specified in the order;

5[ (f) cancel, suspend or modify any resolution adopted or any decision taken, by the general body or the Executive Committee of such trade organisation if he is satisfied that such resolution or decision is not in conformity with the provisions of the articles or memorandum or any rules or regulations made thereunder, or that the requirements of the provisions of the articles or memorandum or any rules or regulations made thereunder have not been complied with while adopting such resolution or taking such decision, or that such resolution or decision is contrary to any rules, regulations, directions or instructions issued by the Director or by the Government to such trade organisation:



(g) if he considers it necessary 6[ , on the basis of a report made by a person, authorised by him to make investigation for the purpose,] for smooth, orderly and efficient functioning of any such trade organisation,-



(i) remove or cause to be removed any member of the Executive Committee, not exceeding a total of five in any calendar year, of such trade organisation and fill up, or cause to be filled up, the resultant vacancy 7[ for the unexpired period];



(ii) suspend, or cause to be suspended, for a specified period, any member not exceeding a total of fifteen in one calendar year, of any such trade organisation and cancel, or cause to be cancelled, any such suspension or the suspension of any member otherwise than by or at the instance of the Director;



(iii) remove, or cause to be removed, from the membership register, the name of any member, not exceeding a total of fifteen in one calendar year, of any such trade organisation, and reinstate, or cause to be reinstated, in the membership register, any member so removed or removed otherwise than by or at the instance of the Director:

Provided that the power for removal or suspension under this clause shall not be exercised except with the approval of the Government.]
 
 
 
1 The words “Director and” were substituted for the words and commas “Central Government and, subject to such control,” by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)

2 The words “orally or otherwise” were omitted by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)

3 Sub-clauses (i) and (ia) were substituted for previous sub-clause (i) by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)

4 The word “unfairness” was substituted for the word “irregularities” by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)

5 Clauses (f) and (g) were substituted for the original clauses (f), (g), (h) and (i), by section 2 of the Trade Organizations (Amendment) Ordinance, 1962 (Ordinance No. XLII of 1962)

6 The commas and words “, on the basis of a report made by a person, authorised by him to make investigation for the purpose,” were inserted by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)

7 The words “for the unexpired period” were inserted by section 12 of the Trade Organisations (Amendment) Ordinance, 1984 (Ordinance No. XV of 1984)

 
 

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Ministry of Law, Justice and Parliamentary Affairs