“No unregistered union without complaint will be allowed to operate”

Srinagar, May 16: The Higher Education Department of Jammu and Kashmir (HED) has warned that it will not allow any union or association of employees, staff and teachers to operate which has not been legally registered or which does not comply with the rules and laws in force.

The Under Secretary, Jammu and Kashmir HED, Sat Paul Rajwal, in an official statement released, said: “Any trade union or association which has not been legally registered or which does not comply with the rules and laws in force may not be authorized to operate or carry out any activity, including elections or to carry out financial transactions”.

In the statement addressed to the Vice Chancellor of the University of Kashmir on May 12, Paul said: “It has been noticed that various associations of employees, staff and teachers have been formed in the universities and colleges in the territory of Union of Jammu and Kashmir from time to time.”

“However, there is no record available from the department as to the legal status of these associations or unions or whether they have been registered under relevant laws,” the statement read.

Paul further added that it is also unclear whether various other requirements such as memorandum of association, certified or audited accounts have been met or not.

“In order to ensure that all legal and constitutional requirements in this regard are met, it is requested that the required information be requested from the university and college unions and shared with the administrative department for further review,” we read in the press release.

According to the official statement, the department has requested the name of the association or union and in case there is more than one, information on each has been requested to be shared separately.

Details to be provided include, whether the union or association is registered or not, and if it is registered, it must provide details with which authority it was registered and the date of such registration.

The statement further seeks clarification on whether the charter, memorandum of association (MoA) and bylaws (AoA) of these associations are in line with the constitution of India and relevant laws. “Whether the association has its own statutes or rules and if so a copy should be provided,” it read.

The department also researched the officers of the association, the date of the elections of the officers and the source of funding for the operation of its activities.

According to the official statement, associations or unions were asked to explain whether the financial transactions were audited. “If so, copies of the audited report for the past three years must be submitted,” the statement read.