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OBJECTIVE:Registration of TU-Conditions-Obligations-rights and Liabilities

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

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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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 Returns,False Information

regarding TU

31 to 33

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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 entru

sted

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

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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 whome TU is connected & the

number of temporary members as office-beares(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

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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 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 wilfully

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 SEALPERPETUAL

SUCCESSION

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 Unions

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Change of name:-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:-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

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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.

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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