Trade Union Act 1926

Prepared By:

Nirav Vyas

Assistant Professor

JVIMS

The Trade Union Act 1926

This Act was formed in the year 1926

Formed under the counsel of AITUC

Total sections covered 33

Section 1: Title, extent & commencement

This Act may be called Trade Union Act 1926

The extent of it is entire India It shall come into force on such date as

the Central Govt may appoint

Trade Union Definition

Any combination whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employers or for imposing restrictive conditions on the conduct of any trade and includes any federation of two or more Unions

Registration of Trade Unions

Section 3: Appointment of Registrar

The appropriate Govt. shall appoint a person to be the Registrar

The Govt. may appoint as many Additional and Deputy Registrar, it may feel fit

Trade Unions falling under the jurisdiction of Such additional Registrar will have to abide to them

Section 4: Mode of Registration

Any 7 or more members of a union may, by subscribing their names to the rules of the Act can apply for registration No trade union of workmen shall be registered unless at least

10% or 100 of the workmen, whichever is less. Engaged or employed in the industry, with which it is connected are the members of such Union

No trade union of workmen shall be registered unless it has 7 members on the date of making application

Section 4: Mode of Registration

After the application is made, it shall not be deemed to have become invalid merely by the reason that at any time after the application, some applicants disassociate themselves from the union

Section 5: Application for Registration

Every application should be made to the Registrar or Additional Registrar

The names, occupation and addresses of the members making application

In case of workmen unions, the names, occupation and place of work of the members should be there

The name of Trade Union and the address of its head office

The titles, names, ages, addresses and occupations of the office bearers of the Trade Unions

Section 5: Application for Registration Where a Trade Union has been in

existence for more than1 year before applying for registration, a complete details of its assets and liabilities should be prepared and should be submitted along with the application

Section 6: Provisions to be contained in the rules

The name of Trade Union The whole of objects for which the Union has been

established The whole purposes for which the general funds will be

allocated The maintenance list of the members and adequate

facilities to inspect them The admission rules of ordinary members who will be

persons associated with that industry The payment of minimum subscription by the members The conditions under which any member shall be entitles

to benefits of the union

Section 6: Provisions to be contained in the rules

The manner in which the rules shall be amended, altered and rescinded

The manner in which the executive and office bearer of the union will be elected and removed

The duration period of such elected members (maximum tenure is 3 yrs)

The manner in which the Union may be dissolved

Section 7: Power to call for further particulars and alteration

The registrar may call for further information for the purpose of satisfaction and the Union is liable to furnish all the information before it is registered

Power of alteration

Section 8: Registration

The Registrar, on being satisfied that the Trade Union has compiled with all the requirements of the Act, shall register the Union by entering in a register, to be maintained in such form as may be prescribed.

Section 9: Certificate of Registration

The Registrar, on registering a Trade Union under Sec 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the Union has been duly registered under this Act

Section 10: Cancellation of Registration

On the application of the Trade Union to be verified in such manner as may be prescribed

If the Registrar satisfies that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has willfully and after notice from the Registrar contravened any provision of this Act

If the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of member

Section 11: Appeal

Any person aggrieved by any refusal of the Registrar can appeal to Where the HO of union is situated within

the limits of a Presidency town, to the High Court

Where the HO is situated in an area, falling within the jurisdiction of a Labour Court or an Industrial Tribunal

Where the HO is situated in any other area, to such court, not inferior to the court of an additional or assistant Judge of a principal Civil Court

Section 12: Registered Office

The office of the trade union which is registered with the registrar for all its operations is known as Registered Office. All the communication regarding the trade union should be done here

Section 13: Incorporation of registered trade unions

Every registered union is a corporate body by its name, and shall have perpetual succession and a common seal with power to acquire, both movable and immovable assets.

Section 14: Certain Acts not applying on Trade Unions

The Societies Registration Act 1860 The Cooperative Societies Act 1912 The Companies Act 1956

Rights and Liabilities of Registered Trade Unions

Section 15: Objects on general funds may be spent

The payment of salaries, allowances to office bearers and executive

The payment of expenses for the administration of Trade Union

The prosecution or defense of any legal proceedings against Trade Union

Compensation for members for loss arising out of a trade dispute

Expenses on social welfare of the members To upkeep the periodicals published, if any

Section 16: Constitution of a separate fund for political purposes

A registered Trade Union should have a separate fund from contributions of its members for the furtherance of political interest of any of its member or office bearer.

No member shall be compelled to pay his or her contribution as far as political purpose is there

Section 17: Criminal conspiracy in trade disputes

No office bearer or member of a registered union shall be liable under s120-B of the Indian Penal Code

S120-B states- An illegal act An act which is not illegal by illegal means

but is designated as criminal conspiracy

Section 17: Criminal conspiracy in trade disputes

Trade unions have right to declare strikes and to do certain acts in furtherance of trade disputes

However this immunity is restricted to specified offence punishable. If there is an act to commit an criminal offence then it is punishable

Section 18: Immunity from civil suit in certain cases

No suit or other legal proceeding shall be maintainable in any civil court against any union of any act done in contemplation or furtherance of a trade dispute to which a member of union is concerned , even if breaks any civil laws

Section 19: Enforceability of agreements

Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered union shall not be void or voidable a merely by reason of the fact that any objects of the agreement are in restraint of trade

Section 20: Right to inspect books of Trade Union

The account books of a registered union and the list of members shall be open to inspection by an office bearer or member of the union

Section 21: Rights of Minors to membership of Union

Any person who has attained the age of fifteen may be a member of the union subject to any rules the union to the contract and may enjoy all the rights of a member and execute all instruments and give all the acquaintances necessary to be executed or given under the rules

Section 23: Change of Name

Any registered union may with the consent of at least two third of the total member and subject to provision of section 25 can change the name

Section 24: Amalgamation of trade unions

Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds., provided that the votes of at least one half of the members of each trade union is entitled to vote are recorded and that at least sixty percent of the voters are in favor of such amalgamation

Section 25: Notice of change of name or amalgamation

Notice in writing of every change of name or every amalgamation, signed secretary and by seven members of the trade union should be submitted to Registrar and where the head office of the amalgamated trade union is situated in a different state, the Registrar of that state should also receive such notice

If the proposed name is identical with that of an existing Union, the Registrar may refuse to change it.

Section 25: Notice of change of name or amalgamation

The registrar shall, if he is satisfied that the provisions of this Act in respect of the amalgamation are compiled, change the name in the register

Section 26: Effects of change of name and of amalgamation

The change in the name of a registered Trade Union shall not affect any rights or obligations of it or render defective any legal proceeding by or against the Trade Union. The continuation of the all the procedures should be done under the new name

An amalgamation of Trade Unions shall not prejudice right of any such Trade Union or any right of a creditor

Section 27: Dissolution

When a registered Trade Union is dissolved, notice of the dissolution signed by 7 members and the secretary of the Trade Union shall, within 14 days of the dissolution, be sent to the Registrar. If he is satisfied that the dissolution has been effected in accordance with the rules, shall consider Trade Union as dissolved.

Where the dissolution of a registered Trade Union has been registered and there is no provisions for the distribution of the funds , the Registrar shall divide the fund amongst the members as he feels fine.

Regulations

Section 29: Power to make regulations

The appropriate Govt. can make regulations for the purpose carrying into effect the provisions of this act The manner in which Unions and its rules shall

be registered and fess payable on registration The transfer of registration in case any Trade

Union has changed its HO from one state to another

The manner and qualification of persons by whom, the accounts of Trade Unions shall be audited

Section 29: Power to make regulations

The appropriate Govt. can make regulations for the purpose carrying into effect the provisions of this act The conditions subject to which the inspection of

the documents kept by Registrar can be done and their applicable fees

Any matter which is to be or may be prescribed

Section 30: Publication of regulations

Before changing the regulations, a draft of the proposed regulations should be made and published before 3 months of changing regulations and it should be published for general information

Regulations so made shall be published in the official Gazette, and on such publication shall have effect as if enacted in this Act.

Penalties & Procedures

Section 31: Failure to submit returns

If default is made on the part of any Trade Union of giving notice or sending any statements and accounts as discussed earlier then the office-bearer will be punished with a fine. In case there is no office-bearer then the executive will be punished

Section 31: Failure to submit returns

Any person who willfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by sec 28, or makes any unauthorized alterations in the statement required by sec 28, then he or she is liable for a monetary punishment which may extend to Rs 500/-

Section 32: Supplying false information regarding Trade Unions

Any person who, willfully and with intent to deceive, supplies any false information regarding Trade Union to a person who is willing to join the Trade Union, or supplies any altered statement or accounts of a Trade Union to a person who is will to join the Trade Union,

is liable to monetary punishment or fine.

Section 33: Cognizance of offences

No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.

Thank you