the trade unions act%2c1926

7/31/2019 The Trade Unions Act%2c1926

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OBJECTIVE:

Registration of TU-Conditions-Obligations-rights and Liabilities


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Prior to 20 th century, trade union activities wereconsidered unlawful.In 1920, Madras, the leaders of trade union of binny & co. were imprisoned for bonafide tradeunion activities.Therefore, to protect them, Trade union Act 1926 was enacted and came into force with effect from1st June, 1927. Apply to only those unions registered under it. Act extends to the whole of India except the Stateof Jammu & Kashmir.

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Registration of trade unions with the registrar of TradeUnions.Registered trade union shall be a body corporate and shallhave 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 cases Acts not applicable to registered trade unions:-The Societies Registration Act,1860-The Cooperative Societies Act,1912

-The companies Act,1956 3


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Any combination(and not associations) whethertemporary or permanent.

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

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CHAPTERS CONTENTS SECTIONS

I Title, extent & commencement of theact along with important definitions

1 and 2

II Registration of TU 3 to 14

III Rights & Liabilities of registered tradeunions, Amalgamation and

Dissolution of TU

15 to 28

IV Powers to make regulations & itspublications29 and 30

V Consequence of failure to submitReturns,False Information regarding

TU

31 to 33

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Appointmentof Registrars.

Mode of registration

Applicationfor

registration

Provisions tobe containedin the rulesof a Trade

Union

Power to callfor furtherparticulars

and torequire

alterationsof names

Registration Certificate of registration

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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 cansubscribe to the charter of TU by application andcomplying with the provisions of this Act.

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Cease tobe a

member

Registrationis invalid

Cease tobe a

member

Registrationis valid


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3) Application for Registration(Sec. 5)- Application for registration of TU shall be madeto Registrar in comply with Rules and statement of following particulars:

Names, Occupations& Address of the

members

Name of the TradeUnion & Address of

its head office

Titles, Names, Ages, Addresses &

Occupations of office Bearers of TU

Where isExistence of TU from past 1 Yearbefore making this

application 9


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

-Name of TU

Whole of the objectsfor which the TU has

been established.

Whole of the purposefor which the general

funds of the TU shall beapplicable.

list of members of TU and theirinspection

admission of ordinary members(employee) to

whome TU is connected& the number of

temporary members as

office-beares(forms theexecutive of TU)

Payment of subscription 25

paise/month/member

Conditions under-benefit entitled to

members

Manner for every appointment and removal of

office-Bearer/Dissolve of TU

Manner of Annual Audit of

the accountbooks 10


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

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

shall refuse to register TU until such alteration hasbeen made.

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6) Registration(Sec. 8)Registrar, on being satisfied that the TU hascomplied with all the requirements of this Act in regardto registration, shall register the TU within aperiod of from the date of suchcompliance.

7) Certificate of registration

in the prescribed form which shall be conclusiveevidence that the Trade Union has been duly registered under this Act.

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60 days


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by the Registrar- on the application of the TU- certificate has been obtained by fraud or mistake- TU has ceased to exist or has wilfully and afternotice 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


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Appeal to the high court by any person aggrievedby 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 registrarpassed the order.


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

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

8,

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Reg. TU becomes a legal entity distinct from itsmembers.

Body corporate means a successionrights and duties distinct from those of the

individual persons

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BODY CORPORATE COMMON SEAL

PERPETUALSUCCESSION


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Objects on which general funds may be spentConstitution of a separate fund for politicalpurposes

Criminal conspiracy in trade disputesImmunity from civil suit in certain casesEnforceability of agreements

Right to inspect books of Trade UnionRights of minors to membership of TradeUnions

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Change of name:- consent of not less than two thirds of

the total number of its members and subject to theprovisions of section 25

Amalgamation of Trade Unions:- with or withoutdissolution or division of the funds of such TradeUnions,provided that:-

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Notice of change of name or amalgamation

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In writing & signed by secretary & 7 members

of TU

Name Existing?

change of name &Amalgamationshall have effectfrom the date of

such registration.


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notice of the dissolution signed by 7 members andby 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 thedissolution shall have effect from the date of suchregistration.

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

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the trade unions act%2c1926

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