KARNATAKA TRADE UNIONS ELECTION (MODEL) RULES, 1953

 

Rule - 1.

These rules may be called the Karnataka Trade Unions Election (Model) Rules, 1953.

Rule - 2.

In these rules, except where the context otherwise requires:

(a)      "The Act" means the Trade Unions Act, 1926 (Central Act XVI of 1926).

(b)      "Executive Committee" means the executive of the Union consisting of the following office-bearers:

(1)     President,

(2)     Vice-President,

(3)     Treasurer,

(4)     Secretary, .

(5)     Assistant Secretary;

and such number of members as has been determined by the rules of the registered Trade Union.

(c)      "Union" means a Trade Union registered under the Act and includes an Association registered under the Karnataka Labour Act, 1942.

(d)      "Section" means Section of the Act.

(e)      "Commissioner of Labour" means the Officer appointed to be the Commissioner of Labour in Karnataka and includes the Assistant Commissioner of Labour.

Rule - 3.

(1)     The Members of the Executive Committee, other than the office-bearers shall consist of persons representing several Departments in the industry or such group of Departments as may designated by the Returning Officer and shall be elected by members on such department or group of departments as the case may be at or on such date or dates immediately preceding the annual meeting of the General Body of members as may be fixed and notified by the Returning Officer.

(2)     The members of the Executive Committee and the office-bearers shall be elected once in two years at the annual meeting of the General Body of the members.

Rule - 4.

[1][(1)] For the purposes mentioned in Rule 3, the President and in his absence the Vice-President, and in the absence of the President and the Vice-President, the Secretary or the Assistant Secretary or any other person duly authorised by the Executive Committee shall be the Returning Officer and shall notify the calendar of events in Form 'A', annexed to these Rules, appointing,--

(a)      a date for the publication of preliminary Voters' List;

(b)      a date for the publication of final list of voters;

(c)      a date on or before which notices of candidature are to be presented;

(d)      a date for the scrutiny of notices of candidature;

(e)      a date not later than the date next succeeding the date fixed for the scrutiny of notices of candidature, on or before which candidatures may be withdrawn;

(f)       a date for the publication of the list of candidates standing for election; and

(g)      a further date or dates on which a poll shall, if necessary, be taken:

Provided that any person, who is a candidate for the election shall not be the Returning Officer.

[2][(2) (a) 'The Commissioner of Labour or his nominee shall be the Returning Officer for conducting elections of the Union whose membership exceeds 2,000. The Returning Officer may appoint as many polling officers as may be necessary, for conducting such elections.

(b) The Union which requires the assistance of the Commissioner of Labour for conducting elections, shall by a resolution passed by the Executive Committee, request the Commissioner of Labour to conduct the elections. The cost of the elections shall be borne by the Union and the said cost shall be deposited in the Office of the Commissioner of Labour in advance.]

Rule - 5.

The Returning Officer shall prepare the Voters' List and shall publish it by posting it on the Notice Board of the Union and by sending it to the employer concerned for publication in the Notice Board of the Factory or other industrial concern.

Rule - 6.

(1)     Any person whose name is not entered in the List of Voters published as aforesaid and who deems that he (she) is entitled to have his (her) name entered therein; and any person who objects to the entry of any name in the said list on the ground that name is wrongly entered therein may apply in writing within three days from the date of publication of the Voters' List to the Returning Officer for the amendment thereof.

(2)     The employer concerned may also forward to the Returning Officer his objection, if any, for the entry or deletion of any name and the grounds for such objection.

Rule - 7.

The Returning Officer shall, immediately on receipt of such applications, verify the statements made therein; and publish any additions to or omissions from or corrections in the list which he finds to be necessary within a week after the period fixed for making applications for amendments under Rule 6.

Rule - 8.

(1)     The notice of candidature shall be presented in Form 'B' appended hereto and shall be delivered to the Returning Officer on or before the date specified in the calendar of events between the hours of 11 O' Clock in the forenoon and 5 O' Clock in the afternoon.

(2)     A candidature shall be either for the office of an office-bearer or a committee member and not for both.

Rule - 9.

No person shall stand or nominated for election, who has at any time been removed from the office of office-bearer for misconduct in the discharge of his duties; or who was lawfully convicted by a competent court for moral turpitude.

Rule - 10.

Printed copies of notices of candidature shall be supplied by the Returning Officer to any candidate on a requisition by him.

Rule - 11.

On the date fixed in the calendar of events or scrutiny of nominations, the Returning Officer shall examine the notices of candidature and shall decide all objections which may be made to any notice of candidature, after such summary enquiry as he thinks necessary.

Rule - 12.

The scrutiny shall be completed on the same day and no adjournment of the proceedings shall be allowed.

Rule - 13.

(1)     Any candidate may withdraw his candidature in writing subscribed by him and delivered to the Returning Officer before 3 p.m, on the date fixed in the calendar of events for withdrawal of candidature:

Provided that if this day is a public holiday, the notice of withdrawal shall be considered as having been received in due time if it is presented before 5 p.m. on the next succeeding day which is not a public holiday.

(2)     A candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to present a fresh notice of candidature for the same election.

Rule - 14.

The Returning Officer shall, on receiving a notice of withdrawal under the last preceding rule, as soon as may be, cause a copy of such notice to be affixed in some conspicuous place in the office of the Trade Union.

Rule - 15.

After the expiry of the period within which candidature may be withdrawn, the Returning Officer shall, after assigning to each candidate any one of the colours, prepare a list in Form 'C showing the names of the candidates whose notices of candidature are valid and who have not withdrawn, with the colour assigned to them and with distinguishing particulars as to occupations, etc., if there are two or more candidates bearing the same name, and cause it to be fixed in a conspicuous place, in the Trade Union office.

Rule - 16.

(1)     If the number of candidates who have not withdrawn their candidature in manner and within the time specified in Rule 13 is equal to the number of seats to be filled, the Returning Officer shall declare all such candidates to be duly elected.

(2)     If the number of such candidates is less than the number of seats to be filled, the Returning Officer shall declare all such candidates to be elected, and call upon the Trade Union to elect a member or members, as the case may be, to fill the remaining seat or seats within such time as may be specified in a notification in this behalf.

(3)     If the number of candidates exceeds the number of seats to be filled, a poll shall be taken on the date fixed in the calendar of events.

Rule - 17.

If a person whose candidature has been notified under Rule 16, becomes subject to any of the following disqualifications or dies before the commencement of the poll, the Returning Officer shall, upon being satisfied of the candidate's disqualification or death, cancel his (her) name in the list of candidates and in the ballot papers if there is sufficient time to do so before the date fixed for polling.--

(a)      if the person is of unsound mind and is so declared by a competent court;

(b)      if the person is an undischarged insolvent;

(c)      if the person has been convicted for any offence involving moral turpitude;

(d)      if, having been legal practitioner and stood for election as an honorary office-bearer of the Association, he has been debarred or is under suspension from practising as such by a competent court, the disqualifications in the latter case being operative during the period of such suspension:

Provided that a failure to make such cancellation shall not affect the election proceedings.

Rule - 18.

Votes shall be given by ballot and in person and in the manner provided therefor in these rules. No votes shall be given by proxy:

Rule - 19.

The Returning Officer shall select as many polling stations and as many polling booths in each polling station as he thinks necessary and allot an electoral area to be known as polling area for each polling station or booth as the case may be.

Rule - 20.

The Returning Officer shall select as many Polling Officers and Presiding Officers as he thinks necessary and they shall be literate persons.

Rule - 21.

The Returning Officer shall fix the hours at which the poll shall commence and the hour at which it shall close on the date or dates appointed for the poll. The hours fixed shall be notified on the Notice Boards of the office and in such other places, as he may deem necessary.

Rule - 22.

The Presiding Officer shall keep order at the polling station, shall see that the election is fairly conducted, shall regulate the number of electors to be admitted atone time and shall exclude all other persons except.--

(a)      The Polling Officers;

(b)      The Candidates;

(c)      The Police and other Public Servants on duty;

(d)      The Commissioner of Labour; and .

(e)      Such other persons as the Presiding Officer may from time to time admit for the purpose of identifying the electors.

Rule - 23.

Each polling station and, at a Polling Station having more than one polling booth each such booth shall contain a separate compartment in which electors can record their votes screened from observation except insofar as it may be necessary to ensure that the ballot papers are duly placed in the box.

Rule - 24.

In each polling compartment at each polling station, as many ballot boxes as there are candidates shall be provided, the box of each candidate bearing the serial number and the distinctive colours assigned to him. A board shall also be provided on which the name of such candidate, the serial number and the colour assigned to him, shall be displayed in bold letters.

Rule - 25.

Every ballot box shall be so constructed that the ballot papers can be introduced therein and cannot be withdrawn therefrom without the box being unlocked. The Presiding Officer at any polling station, immediately before the commencement of the poll, shall show the ballot boxes empty to such persons as may be present at such station, so that they may see that it is empty and shall then lock it up and place his seal upon it in such manner as to prevent it being opened without breaking such seal. He shall thereafter place the box so locked and sealed inside the polling compartment for the receipt of ballot papers, but secured from observation except insofar as it may be necessary to ensure that the ballot papers are duly placed in it.

Rule - 26.

Every ballot paper shall be in Forms D(i) and D(ii), respectively, according as the election is for office-bearers or for members of the Executive Committees and shall have a counterfoil attached to it.

Rule - 27.

At elections in which not more than one seat has to be filled, a voter shall be given only one ballot paper which shall be placed in the ballot' box bearing the serial number and the colour assigned to the candidate for whom he desires to vote.

Rule - 28.

At elections in which more than one seat has to be filled, the voters shall be given as many ballot papers as there arc seats to be filled and the Presiding Officer or Polling Officer, shall explain to the voter that he may place all the ballot papers in the ballot box of one candidate or distribute them as he thinks fit and place them in different ballot boxes.

Rule - 29.

Immediately before a ballot paper is delivered to the elector, the number, name and description of the elector as stated in the electoral roll shall be verified and entered on the counterfoil and a mark shall be placed on a copy of the electoral roll against the number of the elector to denote that he has received a ballot paper, but without showing the particular ballot paper which he has received.

Rule - 30.

The elector on receiving the ballot paper or papers shall forthwith proceed into the polling compartments and there place the ballot paper or papers in the box or boxes according to his choice. Every elector shall vote without undue delay and shall quit the" polling station as soon as he has voted.

Rule - 31.

(1)     If an elector is incapacitated from blindness or other physical cause from voting in the mariner prescribed in the last preceding rule, the Presiding Officer shall ascertain from him for whom he wishes to vote and shall in the presence of any candidate who may be present, place the ballot paper in the box bearing the serial number and the colour assigned to the candidate for whom he wishes to vote.

(2)     In the case of every elector whose ballot paper is dealt within the manner laid down in sub-rule (1), a note shall be made on the counterfoil by the Presiding Officer, of the reason why it was so dealt with.

Rule - 32.

An elector who has inadvertently dealt with his ballot paper in such a manner that it cannot conveniently be used as a ballot paper may, on delivering to the Presiding Officer and satisfying him of the inadvertence, obtain another ballot paper in place of the spoilt paper and the latter shall, together with its counterfoil, be marked as cancelled by the Presiding Officer.

Rule - 33.

The Presiding Officer or the Polling Officer shall satisfy himself as to the identity of the person tendering the vote and may disallow the vote of any person who declines to answer any reasonable question put to him for this purpose or whose identity is not established to his satisfaction. The Presiding Officer is also responsible for seeing that the votes are recorded with absolute secrecy, that no person who is entitled to vote is admitted near the table and that the persons who have recorded their votes leave the place immediately.

Rule - 34.

The Presiding Officer of each polling station as soon as practicable after the close of the poll shall, in the presence of any candidate who may be present, make up into separate packets the following and affix a seal thereon:--

(i)       the unused ballot papers;

(ii)      the spoilt ballot papers;

(iii)     fine marked copy of the electoral roll; and

(iv)    the counterfoils of the ballot papers.

Rule - 35.

The packets shall be accompanied by a statement in a separate cover in Form 'E' by the Polling Officer showing the number of ballot papers entrusted to him and accounting for them under the heads of ballot papers in the ballot boxes, unused and spoilt ballot papers dealt with under Rule 32.

Rule - 36.

The ballot boxes and the packets and statements referred to in the last preceding rule shall be handed over or despatched to the Returning Officer.

Rule - 37.

In emergencies, the Returning Officer may close the poll and announce the postponement or adjournment of the poll and report the fact to the Commissioner of Labour and the Assistant Commissioner of Labour.

Rule - 38.

On closing the poll or on the day following it, the counting of votes shall commence.

Rule - 39.

(1)     Votes shall be counted by the Returning Officer or by such other persons as he may authorise under his supervision in the presence of such candidates as may be present and proceeded with continuously.

(2)     No person shall be appointed to assist in counting votes who has been employed by or on behalf of any candidate for any purpose whatsoever connected with the election.

Rule - 40.

When the counting of votes has been completed the Returning Officer shall forthwith declare the candidate or candidates, as the case may be, to whom the largest number of votes have been given, to have been elected and report the results of election in Form 'F' to the Commissioner of Labour in Karnataka and the Assistant Commissioner of Labour, to the Secretary of the trade Union and to the management of the industrial undertaking concerned.

Rule - 41.

Where an equality of votes if found to exist between any candidates and the addition of one vote will entitle any of the candidates to be declared elected, the determination of the person or persons to whom such one additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Returning Officer and in such manner as he may determine.

Rule - 42.

Any question arising out of, in connection with or incidental to the election at any stage, shall be referred to a committee consisting of six persons with the Assistant Commissioner of Labour as Chairman, and the decision of such committee in all such matters shall be final. The six members constituting the committee shall be nominated by the existing executive committee of the Trade Union.

Rule - 43.

When the voting papers have been scrutinised, they shall forthwith be replaced in the ballot boxes from which they were taken and these boxes after being locked and sealed shall be kept in safe custody by the Secretary of the Union in his Office.

Rule - 44.

The voting papers shall be preserved for a period of three months from the date of election and shall thereafter be destroyed.

 

FORM A

Calendar of events for Election to the Executive Committee of the

Labour Association

 

FORM B

[See Rule 8]

Nomination Form

Declaration by Candidate

I hereby declare-that I am willing to serve as a member of the Executive Committee/office-bearer of the above-named Association, if I am elected.

Place…................

Date….................

Signature of the Candidate.

 

FORM C

[See Rule 15]

List of Candidates for Election

Name of Labour Association

The Poll will be taken on .............................. of................................ 19.............between................... and .............

Assistant Labour Commissioner.

 

FORM D(i)

Ballot Paper Election of Office-bearers

N.B.- You have only one Vote.

 

FORM D(ii)

Ballot Paper Executive Committee Membership

N.B.

(1)     You have...........................................................votes.

(2)     you may place all the ballot papers in the ballot box of one candidate or distribute them as you think fit and place them in different. Ballot Boxes.

 

FORM E

Ballot Paper Account

Name of the Labour Association................................................................

(1)     Total number of voters.

(2)     Total number of ballot papers entrusted to the Polling Officer.

(3)     Number of ballot papers used.

(4)     Spoilt ballot papers.

(5)     Balance that should be in the box.

(6)     Number of unused ballot papers.

Date..................................

Polling Officer.

 

FORM F

Return of the Results of Election of the.................................................held on the ...................................................

 

Total number of valid ballot papers

Number of ballot papers declared invalid on whole or part............

I do hereby declare that--

Members of the Executive Committee have been duly elected on.............................................................................

One Thousand Nine Hundred and.........................................

Returning Officer