• Trade Unions Act,1926: Bare Act

  • Chapter I: Preliminary

    2. Definitions - In this act the appropriate Government means in relation to Trade Unions whose objects are not confined to one State, the Central Government, and in relation to other Trade Unions State Government, and unless there is anything repugnant in the subject or context,

    (a) "Executive" means the body, by whatever name called to which the management of the affairs of a Trade Union is entrusted;

    (b) [Subs. By Trade Unions (Amendment) Act 38 of 1964] In the case of a Trade Union, includes any member of the executive thereof, but does not include an auditor;

    (c) "Prescribed" means prescribed by regulations made under this Act

    (d) "Registered office" means that office of a Trade Union which is registered under this Act as the Head office thereof.

    e) "Registered Trade Union" means a Trade Union registered under this Act;

    (f) [Note: Subs. by Act 42 of 1960] "Registrar" means

    (i) A Registrar of Trade Unions appointed by the appropriate Government under section 3, and includes an additional or Deputy Registrar of Trade Unions; and

    (ii) In relation to any Trade Union, the Registrar appointed for the State in which the head or registered office, as the case may be, of the Trade Union is situated;

    (a) "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; and

    (b) "Trade Union" means combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers 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;

    Provided that this Act shall not affect -

    (i) Any agreement between partner to their own business;

    (ii) Any agreement between an employer and those employed by him as to such employment; or

    (iii) Any agreement in consideration of the sales of the goodwill of a business or of instruction in any profession, trade or handicraft.

    Chapter II: Registration of Trade Unions

    3. Appointment of Registrars - (1) The appropriate Government shall appoint a person to be the Registrar of Trade Unions for each State.

    (2) [Note: The principal section re-numbered as sub-section (1) and sub-section (2) inserted by Act 48 of 1960] The appropriate Government may appoint as many Additional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the Registrar, such powers and functions of the Registrar under this Act as it may, be order, specify and define the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and function so specified.

    (3) Subject to the provisions of any order under sub-section (2), where an Additional or Deputy Registrar exercises and discharges the powers and function of a Registrar in an area within which the registered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be Registrar in relation to the Trade Union for the purposes of this Act.

    4. Mode of registration - (1) Any seven or more members of a Trade Union may be subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act.

    (2) [The principal section re-numbered as sub-section (1) and sub-section (2) inserted by Act 48 of 1960] Where an application has been made under sub-section (1) of the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union some of the applications, but not exceeding half of the total number of the persons who made the application, have ceased to be members of the Trade Union or have notice in writing to the Registrar dissociating themselves from the application.

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

    (a) The names, occupations and addresses of the members making 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 [Subs. by Trade Unions (Amendment) Act No.33 of 1954] of the Trade Union.

    (2) Where a Trade Union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars as may be prescribed.

    6. Provisions to be contained in the rules of Trade Union .- A Trade Union shall not bee entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provided for following matters, 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, to which such funds are lawfully applicable under this Act;

    (d) The maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the [Subs. by Trade Unions (Amendment) Act No.33 of 1954] and members of the Trade Union;

    (e) The admission of 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 the number of honorary or temporary members as [Subs. by Trade Unions (Amendment) Act No.33 of 1954] required under Section 22 to form the executive of the Trade Union;

    (ae) [Ins. by Act 42 of 1960] The payment of a subscription by members of the Trade Union which shall be not less than twenty five naye paise per month per member;

    (a) The conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed 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 other [Subs. by Trade Unions (Amendment) Act No.33 of 1954] of the Trade Union shall be appointed and removed;

    (d) The safe custody of the funds of the Trade Union, and annual audit, in such manner as may be prescribed, of the account books by [Subs. by Trade Unions (Amendment) Act No.33 of 1954] and members of the Trade Union; and

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

    8. Registration. - The Registrar, on being satisfied that the Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register to be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for Registration.

    9. Certificate of Registration. - The Registrar registering a Trade Union under Section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive that the Trade Union has been duly registered under this Act.

    10. Cancellation of Registration. - A certificate of registration of a Trade Union may be withdrawn o cancelled 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 or mistake, or that the Trade Union has ceased to exist or has willfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter, provision for which is required by Section 6:

    Provided that not less than two 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 before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union.

    11. Appeal .- (1) Any person aggrieved by any refusal of the Registrar to register a Trade Union or by 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 of Presidency-town to the High Court, or

    (b) Where the head office is situated in any outer area, to such Court, not inferior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the [appropriate Government] may appoint in this behalf for that area.

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

    (3) For the purpose of an appeal under sub-section (1) an Appellate Court shall, so far as may be, follow the same procedure and have the same powers as it follows an has when trying a suit under the Code of Civil Procedure, 1908, and may direct by whom the whole or any part of the costs of the appeal shall be paid an such costs shall 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 under clause (b) of sub-section (1), the person aggrieved 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 under sub-sections (2) and (3) and the provisions of those sub-section shall apply accordingly.]

    12. Registered office. - All communications and notice to a registered Trade Union may be addressed to its registered office. Notice of any change in the address of the head office shall be given with fourteen days of such change to the Registrar in writing, and the changed address shall be recorded in the register referred to in Section 8.

    14. Certain Acts not to apply to registered Trade Unions. - The following Act, namely -

    (a) The Societies Registration At, 1863.

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

    (c) [(Note: See now the Companies Act, 1957 (1 of 1956), vide Act (42 of 1960) The Companies Act, 1956 (1 of 1956)] shall not apply to any registered Trade Union, had the registration of any such Trade Union under any such Act shall be void.

    Chapter III: Rights and liabilities of registered trade unions

    15. Objects on which general funds may be spent. - The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:-

    (a) The payment of salaries, allowances and expenses to (Note: Subs. by Act No.38 of 1964 for the word) "officers" office bearers of the Trade Union;

    (b) The payment of expenses for the administration of the Trade Union including audit of the accounts of the general funds of the Trade Union;

    (c) The prosecution of defense of any legal proceeding to which the Trade Union or any member thereof is a party, when such prosecution or defense is undertaken for thee purpose of securing or protecting any rights of the Trade Union as such or any rights arising out of the relations of any member with his employer or with a person whom the member employs;

    (d) Thee conduct of trade disputes on behalf of the Trade Union or any member thereof;

    (e) The compensation of members for loss arising out of trade disputes;

    (f) Allowance to members or their dependants on account of death, old age, sickness, accidents or unemployment of such members;

    (g) The issue of or the undertaking of liability under policies of assurance on the lives for members or under policies insuring members against sickness, accident or unemployment;

    (h) The provision of educational, social or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependants of members;

    (i) The upkeep of a periodical published mainly for the purposes of discussing questions affecting employers or workmen as such;

    (j) The payment, in furtherance of any of the objects on which the general funds of the Trade Union may be spent, of contributions to any cause intended to benefit workmen in general, provided that the expenditure in respect of such contributions in any financial year shall not, at any time, during that year be in excess of one-fourth of the combined total of the gross income which has up to that time accrued to the general funds of the Trade Union during that year and of the balance at the credit of those funds at the commencement of that year; and

    (k) Subject to any conditions contained in the notification, any other object notified by the [appropriate Government] in the official Gazette.

    16. Constitution of a separate fund for political purposes. - (1) A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interest of its members, in furtherance of any of the objects specified in sub-section (2).

    (2) The objects referred to in sub-section (1) are:-

    (a) The payment of any expenses incurred, either directly or indirectly, by a candidate or prospective candidate for election as a member of any legislative body constituted under [Note: Deleted by Act 42 of 1960] the Constitution or of any local authority, before, during or after the election in connection with his candidature or election; or

    (b) The holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate; or

    (c) The maintenance of any person who is a member of any legislative body constituted under [Note: Deleted by Act 42 of 1960] the Constitution or for any local authority; or

    (d) The registration of electors or the selection of a candidate for any legislative body constituted under [Inserted by Act No.51 of 1970] the Constitution or for any local authority; or

    (e) The holding of political meetings of any kind or the distribution of political literature or political documents of any kind.
    [Inserted by Act No.51 of 1970)

    (2-A) In its application to the State of Jammu and Kashmir references in sub-section (2) to any legislative body constituted under the Constitution shall be construed as including references to the Legislative of that State].

    (3) No member shall be compelled to contribute to the fund constituted under sub-section (2), and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union, or placed in any respect either directly or indirectly under any disability r at any disadvantage as compared with other members of the Trade Union (except in relation to the control of management of the said fund) by reason of his contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the Trade Union.

    17. Criminal conspiracy in trade disputes .- No officers or members of a registered Trade union shall be liable to punishment under sub-section (2) of Section 120-B of the Indian Penal Code, in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in Section 15 unless the agreement is an agreement to commit an offence.

    18. Immunity from civil suit to certain cases. - (1) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any [ Inserted by Act No.51 of 1970] or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break a contract of employment, or that it is in interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital of his labour as he wills.

    (2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil Court in respect of any tortuous act done in contemplation or furtherance of a trade dispute by and agent of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to, express instructions given by the executive of the Trade Union.

    19. Enforceability of agreements - Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or violable merely by reason of the fact that any of the objects of the agreement is in restraint of trade:

    Provided that nothing in this section shall enable any Civil Court to entertain any legal proceeding instituted for the express purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any member of a Trade Union shall not sell their goods, transact business, work, employ or be employed.

    21A. Disqualification of office bearers of Trade Union. - (1) A person shall be disqualified for being chosen as, and for being a member of the executive or any other office-bearer or registered Trade Union if-

    (i) He has not attained the age of eighteen years;

    (ii) He has been convicted by a Court in India of any offence involving moral turpitude and sentenced to imprisonment, unless a period of five years has elapsed since his release.

    (2) Any member of the executive or other office-bearer of a registered Trade Union who, before the commencement of the Indian Trade Union (Amendment) Act, 1964, has been convicted of any offence involving moral turpitude and sentenced to imprisonment shall on the date of such commencement, cease to be such member or office-bearer unless a period of five years has elapsed since his release before the date].

    (3) [Ins. by (Act No.51 of 1970)] In its application to the State of Jammu and Kashmir references in sub-section (2) to any legislative body constituted under the Constitution shall be construed as including references to the Legislature of that State.

    22. Proportion of office-bearers to be concerned with the industry. - Not less than one half of the total number of the [Subs. by Trade Unions (Amendment) Act No.31 of 1964] of every registered Trade Union shall be persons actually engaged in an industry with which the Trade Union is convicted.

    Provided that the (appropriate Government) may, by special or general order declare that the provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the order.

    24. Amalgamation of Trade Union. - Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds of such Trade Unions or either or any of them, provided that the votes of at least one-half of the members of each or every such Trade Union entitled to vote are recorded, and that at least sixty percent of the votes recorded are in favour of the proposal.

    26. Effects of change in name and of amalgamation. - (1) The change in the name of a registered Trade Union shall not effect any rights or obligation of the Trade Union or render defective any legal proceeding by or against the Trade Union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.

    (2) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any such Trade Unions or any right of a creditor or any of them.

    27. Dissolution. - (1) When a registered Trade Union is dissolved, notice for the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution, be sent to the Registrar and shall be registered by him if he is satisfied the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such regulation.

    (2) Where the dissolution of a registered Trade Union has been registered and the rules of the Trade Union do not provide for the distribution and funds of the Trade Union on dissolution, the Registrar shall divide the funds amongst the member in such manner as may be prescribed.

    Chapter V: Penalties and procedure

    33. Cognizance of offence. - (1) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.

    (2) No court shall take cognizance of any offence under this Act unless complaint thereof has been made by or with the previous sanction 32, by the person to whom the copy was given, within six months of the date on which the offence is alleged to have been committed.

Live2Support.com
All original content on these pages is fingerprinted and certified by Digiprove