Trade Union Act 1926

Definitions (section-2)

Executive- means the body on which the TU affairs are entrusted

Office bearers:- any member of the executives

Prescribed- prescribed by the regulations made under this act

Registered office- the office which is the head office of the TU Registered TU- TU which is registered under this act Registrar- a person who is appointed by the appropriate government

Registration of Trade Union

Section 3:- Appointment Of Registrars

The appropriate government shall appoint a registrar of trade union in each state.

It may also appoint Additional and Deputy registrar, who would be exercising and discharging , such powers and functions under the directions of registrar. the act may specify and define the local limits within which any such Additional or Deputy Registrar shall exercise.
Subject to any order under sub-section (2), where AR or DR exercises the powers and functions of Registrar in an area within which the registered office of trade union is situated, he/she shall be deemed to be the Registrar.

Mode of Registration (section 4)

Any seven or more members of a trade union by subscribing their names to the rules of the trade union and by complying to the provision of the act can apply for registration of trade union . No trade union shall be registered unless atleast 10% or 100 workers whichever is less, are employed in a industry are members of such trade union on the date of making application. When the application is made, it shall not be deemed to have become invalid merely by the reason or the fact that some of the applicants have dissociated themselves. Before the registration of the trade union but after the date of application. This number should not exceed half of the total number of applicants. The dissociation has to be in the form of written notice.

Application for Registration (section-5)

a. b. c. d.

Every application for registration shall be made to the registrar. It should be accompanied with the copy of rules of the trade union. It should have the following statements:Names, addresses and occupation of the members. In case of trade union of workers then names, addresses and occupation of the workers with place of work. The name of the trade union and address of its head office. The titles, names, age, occupation and addresses of the office bearers.

A trade union which is into existence from last one year before the making of the application, shall have to submit their general statement of assets and liabilities, in the prescribed format.

Provisions to be contained in the rules of TU (section- 6)

1) 2)

3)

Name of the TU. The whole objects(purpose) for which the TU is been established. The purposes for which the general funds of the trade union shall be applicable. The maintenance of the list of members of TU and adequate facilities for the inspection thereof the office bearers and members of TU The admission of the ordinary members who shall be persons actually engaged or employed in an industry with which the trade union is connected and also the admission of number of honorary members as office bearers required under section 22 to form the executive of the TU. The payment of the minimum subscription for membership shall be as follows:One Rupee for rural workers p.a. Three Rupees for unorganized sector p.a. Twelve Rupees for rest of the workers p.a..

Provisions to be contained in the rules of TU (section-6)

The conditions under which any member shall be entitled to benefit assured by rules and conditions under which fine can be imposed on any member. The conditions under which the rules shall be amended, varied or rescinded (no legal power) The manner in which the members and office-bearers will be elected and removed The period for which the members of the executive and office bearers shall be elected should not exceed 3 years. The safe custody of the funds, the annual audit, in such manner as may be prescribed, and adequate facilities for the inspection of the account books by office bearers The manner in which the TU may be dissolved

Power to call for further particulars and to require alteration in name (section-7)

The registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of section 5, or under section 6 and may refuse to register the TU until such information is supplied If the name of the TU which is proposed to be registered is identical with that of any other existing TU , the registrar shall request the persons to alter the name in the application, and if not followed can refuse to register.

Registration (section-8)

The registrar on being satisfied that the TU has complied with all the requirements can register the TU by entering into the register to be maintained in the prescribed form. Section-8 The registrar, on registering the TU under section 8, shall issue a certificate of registration in the prescribed form. Section -9 A registered TU of workmen shall at all times continue to have not less than 10% or 100 workmen, whichever is less, with a minimum of seven, engaged and employed in the industry. Section-9A.

Cancellation of Registration (section-10)

On the application of the trade union to be verified in the manner as prescribed. If the registrar is satisfied that the certificate has been obtained by fraud or by mistake. The TU has ceased to exist or has wilfully and after notice from the registrar contravened any provision of this act and allowed to continued in force which is inconsistent. If the registrar is satisfied that a registered TU of workmen ceases to have the requisite number of members: provided that not less than 2 months pervious notice in writing specifying the ground on which it is proposed to cancel shall be given by the registrar to TU before the certificate is withdrawn.

Appeal (section-11)

Any aggrieved person by any refusal of registrar to register a TU or cancel a TU , may appeal:-

a.

Where the head office of the trade union is situated within the limits of a presidency town to a high court
Where the head office falls under the jurisdiction of labour court or an industrial tribunal, as the case may be.

b.

c.

Where the head office is situated in any other area to a court , not inferior to a court of additional or assistant judge of a principal civil court, as appropriate government may appoint.
The appellate court may dismiss the appeal, or pass the order directing the registrar to register the union and issue a certificate of registration or setting aside the order for withdrawal of certificate. For the purpose of an appeal under sub-section (1), the court shall follow the same procedure and direct by whom the whole or any part of the costs of the appeal shall be paid.

d.

e.

f.

In case of the dismissal of an appeal by any court, the aggrieved person has full right to appeal in higher court.

Registered Office (section-12)

All communications and notices to a registered TU may be addressed to its registered office. In case of change of address, the details should be given within 15 days of change to the registrar in writing. Every registered TU shall be a body corporate by the name under which it is registered and shall have perpetual succession and a common seal. It has power to acquire and hold both movable and immovable property and shall by the said name sue or be sued.

Incorporation of Registered TU:

Objects on which general funds should be spent (section-15)

The payment of salaries, and expenses to office-bearers The payment of expenses of administration of TU. the prosecution of any legal proceedings to which the TU is a party. The conduct of trade disputes on behalf of TU or its member. The compensation of members for loss arising out of trade disputes. Allowances to members and their dependents on account of death, old age, sickness. Undertaking liability under policies of assurance on the lives of members or under insuring. The provision of educational, social and religious benefits for members

The upkeep of a periodical mainly for the purpose of discussion

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