Now role of bank unions are in question due to imposing levy on bank employees Rs.473 cr from their salary which is to be paid out of theirarrear due from 01.11.2012. Now various trade unions issued circulars which indicates “By Force Levy Collection” in their circulars and attracts penal actions under various criminal procedure acts.
The content of the sub-section-3 is as:
(3) No member shall be compelled to contribute to the fund constituted under sub-section (1); and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the Trade Union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the Trade Union.
Section 16: Constitution of a separate fund for political purposes
16. Constitution of a separate fund for political purposes.-(1) A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any Of the objects specified in sub-section (2).
(2) The objects referred to in sub-section (1) are:
(a) the payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under 2*[the Constitution] or of any local authority, before, during, or after the election in connection with his candidature or election; or
(b) the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or
(c) the maintenance of any person who is a member of any legislative body constituted under 2*[the Constitution] or of any local authority; or
(d) the registration of electors or the election of a candidate for any legislative body constituted under 2*[the Constitution] or for any local authority; or
(e) the holding of political meetings of any kind, or the distribution of political literature or political documents of any kind.
3*[(2A) In its application to the State of Jammu and Kashmir, references in sub-section (2) to any legislative body constituted under the
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1. Subs. by the A. O. 1937, for "G. G. in C.".
2. The words "the Government of India Act" have been successively amended by the A. O. 1937, the A. O. 1950 and Act 42 of 1960 to read as above.
3. Ins. by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
Constitution shall be construed as including references to the Legislature of that State.]
(3) No member shall be compelled to contribute to the fund constituted under sub-section (1); and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the Trade Union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the Trade Union.
Provision of General Fund Utilisation mentioned in the Act under Section-15 as :
Section 15: Objects on which general funds may be spent
15. Objects on which general funds may be spent.- The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:
(a) the payment of salaries, allowances and expenses to
l*[office-bearers] of the Trade Union;
(b) the payment of expenses for the administration of the Trade Union, including audit of the accounts of the general funds of the Trade Union;
(c) the prosecution or defence of any legal proceeding to which the Trade Union or any member thereof is a party,when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of theTrade Union as such or any rights arising out of therelations of any member with his employer or with a person whom the member employs;
(d) the conduct of trade disputes on behalf of the Trade Union or any member thereof;
(e) the compensation of members for loss arising out of trade disputes;
(f) allowances to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members;
(g) the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment;
(h) the provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependants of members;
(i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employers or workmen as such;
(j) the payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen
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1. Subs. by Act 38 of 1964, s. 2, for "officers "(w.e.f. 1-4-1965).
in general, provided that the expenditure in respect of such contributions in any financial year shall not at any time during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the TradeUnion during that year and of the balance at the credit of those funds at the commencement of that year; and
(k) subject to any conditions contained in the notification, any other object notified by the 1*[appropriate Government] in the official Gazette.
The provisions of act does not mention for collection of levy for their contribution in wage settlement. The creation of fund for political purpose does not related with this levy called on the name of wage revision.
Wordings “Levy is mandatory and obligatory and is not to be treated as a donation. Hence all our Unions at all levels should ensure that levy is collected from each and every member.” Of All India bank Employees Association vide Cir NO: 27/132/2015/28(May, 26, 2015) is seems to be against the provision of Sec-16, Sub-sec-3 and attracts
By force collection, misleading information to members, cheating, diversion of fund, blackmailing, mental tourcher, illegal fund generation, breach of trust,conspiracy are some provisions under which case may be filed. Some more section under CPC may be included.
Fund Generation by Bank Unions in India Rs.7.5 cr per month
As a bank employee said that the RBI is authorized to printing currency in India but bank unions are minting money from salary of bank employees every month. The monthly collection of membership from bank employees is Rs.7.5 cr per month average Rs.75 per employee from approx 12 lac bank employees (per month Rs.100 from Officers and Rs.50 from Others).