unit 1 trade union act

8/6/2019 Unit 1 Trade Union Act

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Trade unions Act 1926

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Applicability

It Extends to whole of India

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Definitions

Registered Trade Union means a Trade Union registered under this Act

Trade dispute means any dispute between employers and workmen or

between workmen and workmen, or between employers and employers

which is connected with the employment, or non-employment, or the

terms of employment or the conditions of labour, of any person, and"workmen"means all persons employed in trade or industry whether or

not in the employment of the employer with whom the trade dispute arises

Trade Union means combination, whether temporary or permanent,

formed primarily for the purpose of regulating the relations between

workm

en and em

ployers or between workm

en and workm

en, or betweenemployers and employers, or for imposing restrictive condition on the

conduct of any trade or business, and includes any federation of two or

more Trade Unions

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Appointment of Registrars

(1) The appropriate Government shall appoint a person to be theRegistrar of Trade Unions for each State

(2) The appropriate Government may appoint as many Additional andDeputy Registrars of Trade Unions as it thinks fit for the purpose of

exercising and discharging, under the superintendence and directionof the Registrar, such powers and functions of the Registrar underthis Act as it may, be order, specify and define the local limits withinwhich any such Additional or Deputy Registrar shall exercise anddischarge the powers and function so specified.

(3) Subject to the provisions of any order , where an Additional orDeputy Registrar exercises and discharges the powers and functionof a Registrar in an area within which the registered office of aTrade Union is situated, the Additional or Deputy Registrar shall bedeemed to be Registrar in relation to the Trade Union for thepurposes of this Act.

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Mode of registration

(1)Any seven ormore members of a Trade Union may be subscribingtheir names to the rules of the Trade Union and by otherwisecomplying with the provisions of this Act with respect to registration,apply for registration of the Trade Union under this Act.

(2) Where an application has been made under this section of theregistration of a Trade Union, such application shall not be deemed tohave become invalid merely by reason of the fact that, at any timeafter the date of the application, but before the registration of theTrade Union some of the applications, but not exceeding half of thetotal number of the persons who made the application, have ceased to

bemembers of the Trade Union or have notice in writing to theRegistrar dissociating themselves from the application.

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Application for registration

(1) Even application for registration of a Trade Union shall be made to theRegistrar, and shall be accompanied by a copy of the rules of the TradeUnion and a statement of the following particulars, namely:-

(a) The names, occupations and addresses of the membersmaking the

application;(b) The name of the Trade Union and the address of its head office, and

(c) The title, names, ages, addresses and occupations of the members ofTrade Union.

(2) Where a Trade Union has been in existence formore than one year

before the making of an application for its registration, there shall bedelivered to the Registrar, together with the application, a generalstatement of the assets and liabilities of the Trade Union prepared insuch form and containing such particulars as may be prescribed.

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Provisions to be contained in the rules of

Trade Union

A Trade Union shall not be entitled to registration under this Act, unlessthe executive thereof is constituted in accordance with the provisions ofthis Act, and the rules thereof provided for followingmatters, namely:-

(a) The name of the Trade Union;

(b) The whole of the object for which the Trade Union has been

established;(c) The whole of the purposes for which the general funds of the Trade

Union shall be applicable, all of which purposes shall be purpose, towhich such funds are lawfully applicable under this Act

(d) The maintenance of a list of the members of the Trade Union andadequate facilities for the inspection thereof by the members of the Trade

Union;(e) The admission of ordinarymembers who shall be persons actually

engaged or employed in an industry with which the Trade Union isconnected, and also the admission of the number of honorary ortemporarymembers as to form the executive of the Trade Union

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The payment of a subscription bymembers of the Trade Union whichshall be not less than twenty five paisa permonth permember:

(a) The conditions under which anymember shall be entitled to any benefitassured by the rules and under which any fine or forfeituremay beimposed on members;

(b) The manner in which the member shall be amended, varied or rescinded;

(c) The manner in which the members of the executive and the othermembers of the Trade Union shall be appointed and removed;

(d) The safe custody of the funds of the Trade Union, and annual audit, insuch manner as may be prescribed, of the account books by the act andmembers of the Trade Union; and

(e) The manner in which the Trade Union may be dissolved.

Provisions to be contained in the rules of Trade Union


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Power to call for further particulars and

to require alteration of name

(1)The Registrarmay call for further information for the purpose ofsatisfying himself that any application complies with the provisions ofthe act or that the Trade Union is entitled to registration under thisSection , andmay refuse to register the Trade Union until such

information is supplied.

(2) If the name under which a Trade Union is proposed to be registered isidentical with that by which any other existing Trade Union has beenregistered or, in the opinion of the Registrar, so nearly resemble suchname as to be likely to deceive the public or the members of eitherTrade Union, the Registrar shall require the persons applying forregistration to alter the name of the Trade Union stated in theapplication, and shall refuse to register the Union until such alterationhas been made.

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RegistrationThe Registrar, on being satisfied that the Union has complied with allthe requirements of this Act in regard to registration, shall register theTrade Union by entering in a register to be maintained in such form asmay be prescribed, the particulars relating to the Trade Unioncontained in the statement accompanying the application forRegistration

The Registrar cannot refuse to register a Trade Union if the applicationfor registration complies with the technical requirement as laid downin this Act.

This Registrar has only to see if it fulfils the technical requirementsand not whether it could be described as unlawful. If the applicant forregistration complies with technical requirements of this Act, he has nooption but to register the Trade Union, no matter what happens to it

subsequently even if it, in fact, proceeds counter to law or seeks tocarry out its lawful objects in an unlawful way.

An application for registration cannot be rejected on the ground that itis an attempt to revive an old, already unlawful, union under a newname

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Certificate of Registration

The Registrar registering a Trade Union

under this Section, shall issue a certificate

of registration in the prescribed form whichshall be conclusive that the Trade Union has

been duly registered under this Act

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Cancellation of Registration

A certificate of registration of a Trade Union may be withdrawn ocancelled by the Registrar

(a) On the application of the Trade Union to be verified in such manner as

may be prescribed, or(b) If the Registrar is satisfied that the certificate has been obtained by

fraud ormistake, or that the Trade Union has ceased to exist or haswillfully and after notice from the Registrar contravened any provisionof this Act or allowed any rule to continue in force which isinconsistent with any such provision, or has rescinded any rule

providing for anym

atter, provision for which is required by thisSection

Provided that not less than two months previous notice in writingspecifying the ground on which it is proposed to withdraw or cancelthe certificate shall be given by the Registrar to the Trade Union beforethe certificate is withdrawn or cancelled otherwise than on theapplication of the Trade Union.

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Appeal(1) Any person aggrieved by any refusal of the Registrar to register a Trade Union orby the withdrawal or cancellation of a certificate of registration may, within such

period as may be prescribed, appeal

(a) Where the head office of the Trade Union is situated within the limits ofPresidency-town to the High Court, or

(b) Where the head office is situated in any outer area, to such Court, not inferior to theCourt of an additional or assistant Judge of a principal Civil Court of original

jurisdiction, as the [appropriate Governm

ent]m

ay appoint in this behalf for thatarea.

(2) The Appellate Court may dismiss the appeal, or pass an order directing theRegistrar to register the Union and to issue a certificate of registration under theprovisions of Section 9 or setting aside the order for withdrawal or cancellation ofthe certificate, as the casemay be, and the registrar shall comply with such order.

(3) For the purpose of an appeal under this section an Appellate Court shall, so far asmay be, follow the same procedure and have the same powers as it follows an haswhen trying a suit under the Code ofCivil Procedure, 1908, and may direct bywhom the whole or any part of the costs of the appeal shall be paid an such costsshall be recovered as if they had been awarded in a suit under the said Code.

(4) In the event of the dismissal of an appeal by any Court appointed the personaggrieved shall have a right of appeal to the High Court and the High Court shall,for the purpose of such appeal, have all the powers of an Appellate Court.

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Registered office

All communications and notice to a

registered Trade Union may be addressed to

its registered office. Notice of any change inthe address of the head office shall be given

with fourteen days of such change to the

Registrar in writing, and the changedaddress shall be recorded in the register

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Incorporation of registered Trade Unions

Every registered Trade Union shall be a

body corporate by the name under which it

is registered and shall have perpetualsuccession and a common seal with power

to acquire and hold both movable and

imm

ovable property an contract, and shall,by the said name sues and be sued

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Certain Acts not to apply to registered

Trade Unions

(a) The Societies Registration Act, 1863.

(b) The co-operative Societies Act, 1912.

shall not apply to any registered Trade Union, had the registration ofany such Trade Union under any such Act shall be void

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unit 1 trade union act

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