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REGISTERED No. D. (D.)72

The Gazette of India

EXTRAORDINARY

PART II—Section 3- Sub-section (ii)

PUBLISHED BY AUTHORITY

No. 505] NEW DELHI, TUESDAY, NOVEMBER 4, 1980/KARTIKA 13, 1902 Separate paging is given to this Part in order that it may be filed as a separate compilation

904 GI/80--1

(1633)

1634 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3 ( N )]

1635

163.6 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)l

1637

1638 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II SEC. 3(ij)]

1639

1640 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)]

MINISTRY OF FINANCE

(c) "Director" means a director for the time being of

a nationalised bank:

(Department of Economic Affairs)

Banking Division

NOTIFICATION

New Delhi, the 4th November, 1980

S.O. 875(E)—In exercise of the powers conferred by sec- tion 9 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980), the Central Govern- ment, after consultation with the Reserve Bank, hereby makca the following Scheme, namely :—•

CHAPTER I

(f) "nationalised bank" means a corresponding new bank constituted under snh-section (.1) of section 3 of the Act;

(g) "reoreFentiilivc Union" means a Union registered undu the Trade Unions Act 1926 (16 of 1926}, or a federation of such Unions, where such Union or federation, as the case may be, is certified, after due verification as having the largest number of workmen employed in the nationalised bank as mem- bers who have regularly paid their dues to the Union or to any of tie Unions constituting the federation :

Introductory

1. Short title and commencement.—(1) This Scheme may be called the Nationalised Banks (Management and IVKscellanc- ous Provisions) Scheme, 1980.

(2) It sh;ill come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2, Definitions.—In this Scheme, unless the context other-

wise requires,—

(a) "Act" means the Banting Companies (Acquisition and Transfer of Undertakings) Act, 1980 (40 of 1980);

(b) "Anncxure" means an Annexuie appended to this

Scheme ;

(c) 'Board" means the Board of Directors constituted

under clause 3 ;

(d) "Chairman", in relation to a nationalised bank,

means the Chairman of the Board of that bank;

Provided that no such Union or federation, as the case may be, shall be deemed, for the purposes of this Scheme, to be a representative Union unless the verified membership of such Union or the Unions constituting the federation, as the ca^c may be, Is fifteen per cent or more of the total nLimber of work- men employed by the nationalised bank ;

(h) "Schedule" means the Schedule appended to this

Scheme;

U) "verification", with its grammatical variations and cognate expressions, means the verification by the Chief Labour Commissioner (Central) in accordance with the procedure specified in the Schedule ;

(j) "Workman" has the meaning assign i to it in clause (s) c.l .,_•• 1 of the Industrial L °putes Act, 1947 (14 of 1947);

(k) words and expressions used herein an.! not defined but defined in the Act have the meaning;, respectively assigned to them in the Act.

CHAPTER n

1641

Board of Directors

3, Constitution of the Board.—As soon as may be after the 'commencement of this Scheme, the Central Government shall, by notification in the Official Gazette, constitute the Board of a nationalised bank, consisting of—

(a) not more than two whole-time Directors, of whom one shall bo the Managing Director, to be apointed by the Central Government after consultation with the Reserve Bank;

(b) (i) one Director, from among the employees of tho nationalised hnnk who arc workmen, to be appointed by the Central Government from out of a panel of three such employees furnished to it by the repre- sentative Union, within a date to be specified by the Central Government, which date shall not be more than six weeks from the date of the communi- cation made by the Central Government requiring the representative Union to furnish the panel of names ;

Provided that where the Central Government is of opinion that owing to the delay which is likely to occur in the verification and certification of any Union or federation as a representative Union, it is necessary in the interests of the nationalised bank so to do, it may appoint any employee of the nationalised bank, who is a workman, to be a Director of that Bank.

(ii) (A) where there is no representative Union to repre-

sent the workmen of a nationalised bank, or

(B) where such representative Union, being in existence, omits or fails to furnish any panel of names within the specified date, or

(C) where all the persons specified in the panel furnished by the representative Union are disqualified, whe- ther under item (in) of this sub-clause or under clause 10,

the Central Government may, at its discretion appoint such workman of the nationalised bank, as it may think fit, to be a Director of such bank ;

(iii) a workman of a nationalised bank shall be disquali- fied for being appointed as a Director unless—

(A) he is, and has been serving for a continuous period of not less than five years in the nationalised bank nr in the existing bank of which the nationalised bank is the corresponding new bnnk, or partly in one and partly in the other, and

(B) he is of such age that there is no likelihood of his attaining the nge of ruperanmu;tion during his term of office B'j a Director ;

Explanation.—For tho purposes of this sub-clause, "an official of the Reserve Bank' includes an officer of the Reserve Bank who is deputed by that Bank under section 54AA of the Reserve Bank of India Act, 1934 (2 of 1934) to any institution referred to there- in ;

(h) one Director who is an official of the Central Govern-

ment to be appointed by that Government.

4. Custodians to cease to hold office on constitution of tho Board.-^-On the constitution of the Board every person holding office, immediately preceding such constitution as the Custo- dian of the nationalised bank, shall cease to hold such office.

5. Chairman,—(1) Thc Central Government shall after con- sultation with the Reserve Bank, appoint one of the Director* to be the Chairman of the Board.

(2) The Chairman shall preside over the meetings of the

Board.

6. Managing Director.—-The Managing Director shall be the Chief Executive Officer of the nationalised bank and shall exercise such powers and discharge such duties as may be delegated to him by the Board :

Provided that until such delegation is made the Managing Director shall exercise all such powers and perform all such acts, deeds, and things, as thc Custodian was authorised to exercise or perform immediately before the date on which the Board was constituted.

7. Same person may hold office as Chairman and Managing Director.—The Central Government may, after consultation with the Reserve Bank, appoint the same person to hold, at the same time, both the offices of the Chairman and th" Managing Director.

8. Term of office and remuneration of a whole-time Direc- tor including Managing Director,—-(]) A whole time Director, including Managing Director, shall devote his whole time to thc affairs of tho nationalised bank and shall hold office for such term not exceeding five years as the Central Government may, after consultation with Reserve Bank, specify and shall be eligible for reappointment.

(2) Notwithstanding anything contained in sub-clause (I), the Central Government shall have the right to terminate the term of office of a whole-time Direc- tor, including thc Managing Director, at any time bffo~'- thc expiry of the tcrrq specified under thut snb-rlause by giving to him notice of not less than three months in writing or three months' salnrv and allowances in lieu of notice ; and thc whole- time Director, including the Managing Director, shall also huve the right to relinquish his office at any time before the expiry of the term specified under that sub-clause by givr'ng to the Central Go- vernment notice of not less than three months in

Wlitlllg.

(c) one Director, from among the employees of the nationalised bank, who arc not workmen to be appointed by the Central Government after consul- tation with the Reserve Bank ;

(b) one Director, who. in (ho opinion of the Central Government is competent to represent the interests of depositors, to be appointed by the Central Gov- ernment after consultation with the Reserve Bank, from among the depositors of the Bank.

(e) three Directors, who, in the opinion of the Central Government, are competent to rcpre-ent respectively the interests of farmers, workers and artisans to be appointd bv the Central Government after consul- tation with the Reserve Bank,

ff) nor more than five Directors, to be appointed by the Central Government after consultation with the Reserve Bank, from among persona having special knowledge or practical experience in respect of one or more matters which are likely to be useful for the working of the nationalised bank;

(g) one Director who is an official of the Reserve Bank- to be appointed by the Central Government on ihc recommendation of the Reserve Bank,

904 GtyRO— 2

(?) A whole-time Director, including the Managing Direc- tor, shrill receive from th_ nationalis-d bank such salary, allowances fees and perquisites, and be go- verned by such terms and conditions, as the Central Government may determine, after consultation with the Reserve Bank.

f4) Tf a whole-time Director, including thc Managing Director, is, bv infirmity or otherwise, rendered in- capable of carrying out his duties or is absent on leave or otherwise in circumstances not involving the vacation of his office, the Central Government may, after consultation with the Reserve Bank, appoint another person to act in bis place during his absence.

(5) The Central Government may, if it is satisfied that it is expedient in the interests of tho nationalised hnrik so to rlo, remove n whole-time Director, in- cluding the Managing Director, from office :

Provided that no such removal shall be made except

after—

fai consultation with the Board, and

fb) giving a reasonable opportunity to the whole-timo Director, including the Managing Director, of showing cause against the proposed action.

1642 THE^ GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)]

9. Terms of office of other Director.—(1) A Director appointed under sub-clause (b), (c), (d), (e) or (f) of clause 3 shall hold office for such term not exceeding three years ai the Central Government may specify and shall be eligible for reappointment :

Provided that the Central Government may after consul- tation with the Reserve Bank, remove from office any Director appointed bv it under sub-clause (b> (c), (d), (e) or (Fl of that clause and appoint in his stead another person to fill the vacancy :

Provided further that no such removal shall be made except after giving a reasonable opportunity to the Director of showing cause against the proposed action.

(2) A Director appointed under sub-clause (g) or sub- clause (h) of clause 3 shall hold office during th* pleasure of the Central Government.

(3) A Director, whose term of office has expired, shall notwithstanding such expiry, continue to hold office as a Director until his successor has been appointed.

10. Disqualifications of Directors.—A person shall be dis- qualified for being appointed as, and for beinR, a Director.—•

(a) if he has at any time been adjudicated an insolvent or has suspended pavment or has compounded with his creditors ; or

(b) if he has been found to be of unsound mind and stands so dcclnred bv a competent court; or (c) if he has been convicted by a criminal court of an

oiTence which involves moral turpitude.

11. Vacation of office of Director etc.—(1) If a Directo.- becomes subject to any of the disqualifications specified in clause 10. or is abacnt without leave of the Board for inare than three consecutive meetings thereof, he shall ij* deeme.1 to have vacated his office as such and thereupon his office ehall become vacant.

(2) The Chairman or a whole-time Director including 'he Managing Director or a Director appointed under sub-clauae (g) or sub-ciuuse (h) of clause 3 may resiftn his office by giving notice thereof in writing to the Central Government and on such resignation being accepted by that Government shall be deemed to have vacated bis office; and any other Director may resign his office by giving notice thereof in writing to Ihc Central Government and such resignation shall take effect on the receipt of the communication of .he resignation by the Central Government,

(3) Without preiudice to the provisions of the foregoing sub-clause, the office of a Director nominated under sub- clause (b) or sub-clause (c1) of clause 3 shall become v,.cint as soon as the Director, ceases to be a workman or an employee, other than a workman, of the nationalised bants of whkh he is a Director, and the office of a Director nomina- ted under sub-clause (d) of clause 3 shall become vacani on such Director ceasing to be a depositor of the nationalised bank of which he is a Director.

(4) Where any vacancy occurs before the expiry of the term of office of a Director, it shall be filled in accordance with clause 3.

(5) A Director nominated under sub-clause (4) in any vacancv in the office of a Director under sub-clause fb), ;r sub-clause (c) or sub-clause (d) or sub-claufe (e") or sub-clause ff) of -lausc 3 shall hold office for such term not exceeding three years as the Central Government may specify and shall be eligible for reappointment :

Provided that a Director, whether appointed under the proviso to item (il, or under item (ii), of tub-clau?e (Y) of clause 3, shall not hold office for more than six months at a time.

(6) Any other Director appointed to fill a vacancy shall subject to the other provisions of this Scheme, hold office for the period which may be specified by, or during the pleasnre of, the Central Government.

12. Meetings of the Board—(1) Meetings of the Bo^trd shall oidinarily be held at least six times in a year and at least oace in each quarter.

(2) A meeting of the Board shall be held at the bead office of the nationalised bank or such other place as the Board, may decide

(3) Ordinarily, not less than fifteen days' notice shall be given of any meeting of the Board and such notice shall be sent to every Director at the address specified by him In this behalf.

(4j No business, other than that for which ths meetirg was convtned, shall be transacted at a meeting of the Board exceii. with the consent of the Chairman of the meeting and a majority of the Directors present unless one week's notice of such business has been given in writing to the Chairmnn.

(5) Five Directors shall be the quorum for a meeting of

the Board:

Provided that where, by reason of the provision of sub- clause (8), any Director is unable to vote (it a meeting the quorum for such meeting for the transaction of that business shall be four,

(6) If, for any reason, the Chairman is unable to attend a meeting oi the Board, the Managing Director shall preside over that nieet.nK and in the absence of the Managing Director or in the event of the Chairman and the Managing Director being the same person, any other Director elected by the Diiectors present at the meeting from among themselves shall preside at the meeting.

(7) All questions at the meeting shall be decided by a majority of the votes of the Directors present and voting and in the case of equality of votes, the person presiding thall have a second or a casting vote.

(8) A Director who is directly or indirectly concerned or interested in any contract, loan, arrangement or proposal entered inlo or proposed to be entered into by or on behalf of the nationalised bank shall, as soon aa possible after the relevant circumstances have come to his knowledge, disclose the nature of his interest to the Board and shall not be nre- sent at the meeting of the Board when any such contract loan, arrangement or proposal is discussed unless his presence is required by the other Directors for the purpose of eliciting information and no Director so required to be present shall vote on any such contract, loan, arrangement or proposal:

Provided that nolhing contained in this sub-clause shall

apply to such Director by reason only of his being—

fi) a shareholder (other than a Director) holding not more than two per cent of the paid-up capital in any public company as defined in the Companies Act, 1956, (1 of 1956"), or any Corporation established bv or under any law for the time being in force in India or any co-operative society, with which or to which the nationalised bank has entered into or made, or proposes to enter into or make, a contract, loan, arrangement or proposal; or

iii) an officer or other employee of the nationalised bank, if he is a Director appointed under sub-clause (b) or sub-clause (c) of clause 3.

(<>) A copy of the proceedings of such meeting of the Board shall be circulated aa soon as possible after the meeting for the information of the Directors and shiJl be signed by the Chairman of that or the next succeeding meeting.

(W) No act or proceeding of the Board shall be invnlld on the ground merely of the existence of any vacancy in or any defect in the constitution of the Board.

CHAPTER in

Committees of the Board

13. Management Committee.—(1) There shall be a Manage-

ment Committee of the nationalised bank.

(2) The Management Committee shall consist of the Chair- man, the Managing Director, the Directors appointed under sub-clauses (g) and (h) of clause 3 and not more than four other Directors nominated by the Central Government after consultation with the Reserve Bank:

Provided that the Director nominated by the Centrnl Government shall hold offlco for not more than one year at a time.

, (i) The Management Committee shall exercise such powers 'as may be delegated to it by the Board with the approval of rho Central Government and such approval shall be given by the Central Government after consultation with the Re- serve Bank.

(4) Meetings of the Management Committee may ordinarily

bo held twice in a month.

(5) Four Directors shall be the quorum for a meeting of

the Management Committee.

(6) The minutes of a meeting of the Management Committee shall be laid before the Board as soon as possible after the meeting.

(7) The meetings and proceedings of the Management Com- mittee shall be governed by the provisions contained in this Scheme for regulating the meetings and proceedings of the Board, so far as the same are applicable thereto.

1643

may be, shall be valid and effectual and shall be deemed to be the resolution passed by the Board or the Management Committee, as the case may be, on the date it was signed, by the last signatory to the resolution:

Provided that any resolution passed as aforesaid shall be placed before the next meeting of the Board or the Manage- ment Committee, as the case may bo :

Provided further that if any dissenting Director or mem- ber requires in writing that any resolution so passed shall be placed before a meeting of the Board or the Management Committee, as the case may be, the resolution shall not be deemed to be valid and effectual as aforesaid unless the same is passed at such meeting.

18. Meeting of committees constituted under clause 14.— The meetings of a Committee constituted under clause 14 shall be regulated in such manner as may be decided by the Board,

CHAPTER V

Pald-np Capital

14. Advisory Committees.—The Board may constitute bach other committees, whether consisting wholly of Directors or wholly of other persons or partly of Directors and partly of other persons as it deems fit, to render advice to the Board on suuh matters as may be generally or specially referred to them and shall perform such duties as the Board may en- trust to them.

CHAPTER IV

Miscellaneous

15, Disqualifications for membership of a Committee con- stituted under ciau.se 14 and vacation of office by a mem- ber.—(1) A person shall be disqualified for being nominated as, and for being, a member of a Committee constituted under clause 14 if he is or becomes subject to any of the disqualifications specified in clause 10.

(2) Tf a member of a Committee constituted under clnus: 14 becomes subject to any of the disqualifications specified in clause 10, he shall be deemed to have vacated his office and thereupon such office shall become vacant.

(3) A member of a Committee constituted under clause 14 may resign his office by giving notice thereof in writing to the Board and such resignation shall take effect on receipt of communication of the resignation from the Board.

(4) The Board may remove any member of a Committee constituted under clause 14 and appoint another person in his place.

16. Remuneration nnd reimbursement of travelling ex- penses.—(1) A Director, not being the Chairman or a whole- time Director, including tho Managing Director, or an official of the Reserve Bank or the Central Government shall be naij by the nationalised bank of which he is a Director, such fe;s, as may he decided by the Central Government after consultation with the Reserve Bank, for attending the meet- ings of the Boird or of any Committee of the Board or for attending to any other work of the nationalised bank.

(2) In addition to the fees to which a Director may be entitled to be paid under sub-clause (1), every such Director travelling in connection with the work of the nationalised bank shall be reimbursed his travelling and halting expenses, if any, on such basis as may be fixed from time to time by the Central Government after consultation with the Reserve Bank:

Provided that the Chairman of a whole-time Director, in- cluding the Managing Director, or an official of the Reserve Bank or the Central Government shall be reimbursed his travelling and halting expanses on such basis as may be applicable to him under the rules by which he is governed.

(3) A member of a Committee constituted under clause 14 shall receive such fees and travelling and halting expenses as may be decided by the Board,

17, Resolution without meeting of Board valid.—A resolu- tion in writing signed by the majority of the members of the Board or of the Management Committee, as the case 10. Increase of paid-up capital.—Subject to the condition that the paid-up capital of a nationalised bank does not, in any case, exceed rupees fifteen crores, the paid-up capital of 2ny such bank may be increased, from time to time, as in sub-clause (a) or sub-clause (b) below or both :—

(a) the Board of Directors of a nationalised bank may, after consultation with the Reserve Bank and with the previous sanction of the Central Government, transfer to its capital a specified amount from the reserve fund established by such bank under sub- section 3 of the Act;

(b) the Central Government may, in consultation with the Reserve Bank, make contribution of any specified amount to the paid-up capital of a nationalised bank.

THE SCHEDULE

[See clause 2(h)]

Subject—Procedure for verification of membership of unions

operating the nationalised banks.

The management of the nationalised banks shall be re- quested by the Chief Labour Commissioner (Central^ to fur- nish the names and addresses of all the registered unions ope- rating in that respective banks. The particulars of unions received from the managements shall be forwarded to the Regional Labour Commissioners concerned for checking up from the records of the Registrars of Trade Unions whether the registration of these unions is still alive and whether there are other registered unions operating in the nationalised banks. The Regional Labour Commissioners shall report to the Chief Labour Commissioner (Central) the results of their checking. On receipt of this information, the unions shell be requested bv the Chief Labour Commissioner (Central) to furnish their membership claims in quintuplicate in Annexure I by a specified date.

2 The Registered Unions shall, thereafter, be ailoted amonfist Verification Officers for the purposes of physical verification of the membership. The Verification Officer shall ask the unions in Annexure TI by registered Post Acknowledgement Duo to produce before him at the stipulated place and time, within ten davs from the date of receipt of the first notice, a list of thoir members, in triplicate, in different branches or offices (bank-wise) who have paid subscription for at least three months during the period of six months proceeding the date of reckoning which shall be the first of the month just preceding the month in which the Central Government ad- dresses the Chief Labour Commissioner (Central) to under- take the verification along with:—

(i) Membership-cum-subscription rejrfster.

(ii) Counter-foils of receipts.

1644 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II-SEC. 3(ii)]

(ill) Cash and Accounts Books,

(iv) Bank books.

fv) Copy of union's Constitution,

(vi) Registration Certificate.

(vif) Affiliation certificate and payment receipts if the union is affliated to any all-India/or State Federation or Central Organisation.

Registrar of Trade Unions.

(ix) List of office-bearers, and

(x) Minutes Book.

3. If a union Jails to produce the list of its members and other records, a second and final notice shall be given by Registered Post Acknowledgement Due asking it to produce them at the stipulated place and time within ten days from the date of receipt of the second and fina' notice, Tf the union again failg to produce them on the second occasion also, no further attempt shall be made to verify its membership. How- ever, in respect of the unions which have submitted the lists and records, the Verification Officer shall examine them and ascertain the number of members who had pnid three months* subscription within tho period of six months preceding the date of reckoning. This examination shall be 100 per cent and (hall be done in the presence of the office-bearers of the union concerned but not in the presence of the office-bearers or representatives of a rival union. While doing the verification of membership, the Verification Officer shall give due consi- deration to any representations which the union officials might make to him.

4. The Verification Officer shall, thereafter, visit the Cen- tral or Registered Office of the nationalised bank and ensure that the names of members thus verified are included in the list ere borne on the rolls of the management on the date of reckoning. All those members whose names arc not bome on the rolls of the management on the date of reckoning shall be eliminated from the list. The Verification Officer shall also obtnln the number of perrons employed in the respective branches or offices of the ban1; on the date of reckoning at the time of his visit to the Central or Registered Office of the bank.

5. The Verification Officer shall, thereafter, intimate In writing to the unions or Federations of unions concerned that the verified lists of their respective members in the bank are rendy for inspection by the union representative at an appointed time and place. The union shall also at the same time be informed that after inspection of (he verified list of members of Ihi- rivnl union(s), they should send, in writing, their specific obiections, if any, to the entries in these lists, within 10 days for (he lonper period if the number of objec- tions is likely to exceed 10,000 on the basis of one addi- tional dav for every 2.000 objection'; over and .ibovc, 10,000) of the date of ir>

(The union representatives shall be allowed to make notes from (he verified lists shown to them in the presence of the Verification Officer; thev shall, however, not be allowed to twke ;my of the lists, nor a copy of the lists shall be given .to them).

6. The objections received from (he Unions shall then he verified bv personal interrogation by the Verification Officer, of the members on the basis of the following systematic* sampling system ;—

(i) If the objection lists furnished by a Union consists of 500 or less names of members, the number of per- sons to be personally interrogated should be 20 per cent subject to a minimum of 100 ;

(ii) If the objection list furnished by a union consists of more than 500 but not more than 1000 names, the number of persons to be personally interrogated should be 15 per cent subject to a minimum of 100;

(lit) If the objection list furnished by a union consists of more than 1,000 but not more than 2,000 names, the number of persons to be personally interrogated should be 10 per cent subject to a minimum of 150;

(iv) If the objection list furnished by a union consists of more than 2,000 but not more than 5,000 names, the number of persons to be personally interrogated should be 5 per cent subject to a minimum of 200 ; and

fv) If the objection list furnished by a union consists of more than 5,000 names, the number of persons to be personally interrogated should be 2 per cent to a minimum of 250 ;

The persons selected for personal interrogation should among other things be asked whether they arc members of a particular union and whether they had paid subscriptions for 3 months within a period of six months from the date of reckoning and if so, the amount of subscription paid and the months for which it was paid. The Verification Officer shall maintain a list of members personally interrogated giv- ing their ticket numbers, names of section where working and the result of personal interrogations,

7. Whore the sample check reveals that certain members interrogated deny membership of a union, its list of members shall be modified proportionately. For example, if on check- ing records, it is found that a union has 2,000 valid members and the rival union objects, to say, 800 of these members, a 15 per cent sample of the latter has to be drawn, that fa to say, 120 persons have to be interrogated personally. If on cersonnl interrogation it is found that 30 of the 120 persons, (that is to say. 25 per cent) deny membership of the union, the strength of the union shall be reduced by 25 per cent of 800 persons whose membership v/as objected to, that is to say, by 200. Tn other words, the flnnl strength of the union shall, in this case be 1,800.

[2000—(25 per cent of 800)—1,800]

If the persons who, on interrogation, deny their member- ship of the union claiming them as their members, inform the Verification Officer that they are members of a rival union, the Verification Officer shall check their membership with the list of members and records of that union and ad- just its list accordingly, that is to say, their names shall be ndded to the list of the rival union if they aro not already included in it, and excluded, in the manner mentioned above, from the list of tho claimant union.

8. While conducting personal verification as mentioned in paragraph 6 above, the Verification Officer shall not allow the representative of any union or management to be present,

9. On completion of the verification woik, the Verifica- tion Officer shall furnish a report to the Chief Labour Com- missioner.

A systematic sample means sampling from H list by taking individuals at equally spaced intervals called sampling inter- vals. The sampling interval should be :

Total number of persons in the ohjectlon list number of persons In the sample

Thus, for example, if there are 400 workers in the objec- tion list and a sample of 100 workers is to be selected the Verification Officer should select every (400/100th) or 4th worker in the list. It is, however, not necessary that in nil cases the selection should begin from the 4th name in the list; the first sample may either be the 1st Name in the list; or the second, or the third or the fourth. Thus, for example, if the 1st name is selected as the first samnle then subsequent samples will be 5th, 9th or 13th names; if, however, the second name is taken ns the first sample the subsequent samples would be 6th, 10th or 14th names in (he list.

1644/1

ANNEXURE I

Proforraa showing particulars of Union functioning in— (Bank)

Claimed Membership

don

Affiliai

s.

Name of Remarks the Presi- No.

dent,

Name (s) Membership in each

Name and address of the union

of the branch or office

Registra- tion No. & dace of Registration

State or All India Federation

Whether the union is a primary or federa- ting unit

Central Organisa- tion

Other than workmen

Office of Workmen ths bank in which union is operaiing

General Secretary Treasurer of the Union with their postal addresses

9

10 11

7 8

4

6

2

5

1

3

TOTAL

NOTE : If tho union is functioning In more than one nationalised bank, it should submit membership claims for each bant in

a separate proforma.

ANNEXURE II

First notice By Regd. Second note A.D.

GOVERNMENT OF INDIA

MINISTRY OF LABOUR

Office of the

Dated the ——————

No.

To

The General Secretary,

Subject :—Verification of membership of unions operating in the nationalised banks.

Dear Sir,

I am to invite a reference to the procedure for verification of mnmberahip of unions (operating in the nationalised banks (copy enclosed) as specified in the Schedule to the Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1980 and to request you to furnish—

(i) a list of membership of your union as on- •— showing the name of each member, designation, branch or office where working and whether workman or other than workman employee. Tho list should certain only tho names of thoso members who have paid at least 3 mon hs' subscription during the period of six months ending with—• _————; and

(ii) (a) Membersblp-cum-subscription register.

(b) Counterfoils of receipts (c) Cash and account books (d) Bank books

(e) Copy of the Union's constitution

(f) Registration Certificate

(g) Affiliation certificate and payment receipt if the union is affiliated to any all-India or State Federation or Central Organi- sation.

(h) Copy of the latest annual return submitted to the Registrar of Trade Unions.

904 GI/80—3

1644/2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART H-SEC. 3(itf]

(i) List of office-bearers; and

0) Minutes Book

at hours on— (date) at- — —

(place)

•*It may please be noted that in case the required documents are not produced on the above fixed date, no further attempts will be made to vailfy the membership of your union.

Kindly acknowledge receipt of this letter.

Yours faithfully,

Assistant Labour Commissioner (C)

Labour Enforcement Officer(C)

•*For 2nd notice

Copy forwarded for information to :—

•(I) The President,

(Name and address of

the union)

*(2) The Treasurer,-

(Name and address of

the union)

•(3) Regional Labour Commissioner.

(4) Chief Labour Commissioner (Central), New Delhi.

By name.

Assistant Labour Commissioner (C)

Labour Enforcement Officer (C)

[NO.F.4/5/80-BO.I]

BALDEV SINGH, Jt. Seoy.

PRINTED BY THE MANAGER, GOVT. OF INDIA. PRESS, RING ROAD, NEW DELHI-110064 AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI-110054, 1 9 80

Cite this issue. Extraordinary Gazette of India, Government of India, 04 November 1980. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.csl_extraordinary.1980-11-04.E-1043-1980-0505-46146/. Archive identifier in.gazette.csl_extraordinary.1980-11-04.E-1043-1980-0505-46146.