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Presented by :Balbir Swami

Roll No. 14103002M.Com(F)

Prior to 20th century, trade union activities were considered unlawful.

In 1920, Madras, the leaders of trade union of binny & co. were imprisoned for bonafide trade union activities.

Therefore, to protect them, Trade union Act 1926 was enacted and came into force with effect from 1st June, 1927.

Apply to only those unions registered under it.

Act extends to the whole of India except the State of Jammu & Kashmir.

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Registration of trade unions with the registrar of Trade Unions.

Registered trade union shall be a body corporate and shall have perpetual succession and a common seal.

It lays down:- -rights and Liabilities -Objects on which general funds of trade unions

may be spentImmunity from civil suits in certain casesActs not applicable to registered trade unions: -The Societies Registration Act,1860 -The Cooperative Societies Act,1912 -The companies Act,1956 3

CHAPTERS

CONTENTS SECTIONS

I Title, extent & commencement of the act along with important

definitions

1 and 2

II Registration of TU 3 to 14

III Rights & Liabilities of registered trade unions, Amalgamation and

Dissolution of TU

15 to 28

IV Powers to make regulations & its publications

29 and 30

V Consequence of failure to submit Return, False Information

regarding TU

31 to 33

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Section 1: Title, extent & commencementThis Act may be called Trade Union

Act 1926The extent of it is entire IndiaIt shall come into force on such date

as the Central Govt. may appoint.

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DEFINITIONS(Sec. 2)Appropriate GovernmentExecutiveOffice-BearerTrade DisputeTrade Union

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Appropriate Government [Sec. 2]: In relation to Trade Unions whose objects are not

confined to one state 'the appropriate Government' is the Central Government. In relation to other Trade Unions, the 'appropriate Government' is the State Government.

Executive [Sec. 2(a)]: Executive means the body of which the

management of the affairs of a Trade Union is entrusted.

 

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Any “combination”(and not associations) whether temporary or permanent.

Purpose is to regulate relations between: -workmen and employers; -workmen and workmen; or -employers and employers

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Trade Dispute [Sec. 2(g)]: A trade dispute means any dispute between

1.the employers and workmen,2. the workmen and workmen and 3.the employers and employers

which is connected with the employment or non-employment, or the terms of employment, or the conditions of labor of any person.

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1) Appointment of registrars(Sec. 3) -Appointed by “appropriate Government” - appropriate Government can also appoint

as many additional and Deputy Registrars of trade unions.

-But limits will be defined by Registrar

2) Mode of registration(Sec. 4) -Any 7 or more members of Trade Union can

subscribe to the charter of TU by application and complying with the provisions of this Act.

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Cease to be a

member

Registration is

invalid

Cease to be a

member

Registration is valid

3) Application for Registration(Sec. 5) -Application for registration of TU shall

be made to Registrar in comply with Rules and statement of following particulars:

Any member

to which TU

is entrusted

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4) Provisions to be contained in the Rules of Trade Unions(Sec. 6)

-

Name of TU

Whole of the objects for which the TU has been

established.

Whole of the purpose for which

the general funds of the TU shall be

applicable.

list of members of TU and their

inspectionadmission of ordinary members(employee)

to whom TU is connected & the

number of temporary members as office-bearers(forms the executive of TU)

Payment of subscription 25 paise/month/me

mber

Conditions under-benefit

entitled to members

Manner for every appointment and removal of office-

Bearer/Dissolve of TU

Manner of Annual Audit

of the account books 13

5) Power to call for further particulars and to require alterations of names(Sec. 7)

If TU is proposed to be registered is identical with that by which any other existing

shall refuse to register TU until such alteration has been made.

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6) Registration(Sec. 8) Registrar, on being satisfied that the TU

has complied with all the requirements of this Act in regard to registration, shall register the TU within a period of from the date of such compliance.

7) Certificate of registration (Sec. 9) in the prescribed form which shall be

conclusive evidence that the Trade Union has been duly registered under this Act.

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60 days

by the Registrar - on the application of the TU - certificate has been obtained by fraud

or mistake - TU has ceased to exist or has willfully

and after notice from the Registrar contravened any provision of this Act

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Provided that not less than 2 months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate

shall be given by the Registrar to the Trade Union

Appeal to the high court by any person aggrieved by any:-Refusal to register a TU by Registrar

:-Withdrawn or Cancellation of a certificate

The appellate court may:

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Appeal within 60 days of the date on which the registrar passed the order.

Pass an order directing the registrar to register the union

and to issue A certificate of registration

Setting aside the order or withdrawal or

cancellation of the certificate

AII communications and notices to a registered TU may be addressed to its registered office.

Notice of any change in the address of the head office shall be given within 14 days of such change to the Registrar in writing and the changed address shall be recorded in the register referred to in sec. 8.

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Reg. TU becomes a legal entity distinct from its members.

“Body corporate” means a succession rights and duties distinct from those of

the individual persons

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BODY CORPORATE COMMON SEAL PERPETUAL

SUCCESSION

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

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Objects on which general funds may be spent

Constitution of a separate fund for political purposes

Criminal conspiracy in trade disputesImmunity from civil suit in certain casesEnforceability of agreementsRight to inspect books of Trade UnionRights of minors to membership of

Trade Unions21

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 membersTo upkeep the periodicals published, if any

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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

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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 actAn act which is not illegal by illegal means but

is designated as criminal conspiracy

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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

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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

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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

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Any person who has attained the age of 15 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

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A person shall be disqualified ifa. he has not attained the of 18 yearsb. He has been convicted by a court in India of

any offence involving moral turpitude and sentenced to imprisonment, unless a period of 5 years has elapsed since his release.

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Not less than one-half of the total no. of the office –bearers of every registered trade union must be person actually engaged of employed in an industry with which the trade union is connected.

Appropriate Govt. may exempt a TU from the application of this provision by special or general order.

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Change of name(Sec 23):-consent of not less than two thirds of the total number of its members and subject to the provisions of section 25

Amalgamation of Trade Unions(Sec 24):-with or without dissolution or division of the funds of such Trade Unions, provided that:-

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Notice of change of name or amalgamation(Sec 25)

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In writing & signed by

secretary & 7 members of TU

Name Existing?

change of name & Amalgamation shall have effect from the date of such registration.

Sec. 26

notice of the dissolution signed by 7 members and by the Secretary of the TU shall, within 14 days of the dissolution be sent to the Registrar,

in accordance with the rules of the TU, and the dissolution shall have effect from the date of such registration.

the Registrar shall divide the funds amongst the members as per the rules or as may be prescribed.

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General StatementStatement of ChangeIntimation Of Every Alteration Rules

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

registered and fess payable on registrationThe transfer of registration in case any Trade Union

has changed its HO from one state to anotherThe manner and qualification of persons by whom,

the accounts of Trade Unions shall be audited

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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.

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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.

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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.

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

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