1. Trade Union Act 1926
Prepared By:
Nirav Vyas
Assistant Professor
JVIMS
2. The Trade Union Act 1926
This Act was formed in the year 1926
Formed under the counsel of AITUC
Total sections covered 33
3. Section 1: Title, extent &
commencement
This Act may be called Trade Union Act
1926
The extent of it is entire India
It shall come into force on such date as
the Central Govt may appoint
4. Trade Union Definition
Any 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 conditions on the
conduct of any trade and includes any
federation of two or more Unions
6. Section 3: Appointment of
Registrar
The appropriate Govt. shall appoint a
person to be the Registrar
The Govt. may appoint as many
Additional and Deputy Registrar, it may
feel fit
Trade Unions falling under the
jurisdiction of Such additional Registrar
will have to abide to them
7. Section 4: Mode of Registration
Any 7 or more members of a union may, by
subscribing their names to the rules of the Act
can apply for registration
No trade union of workmen shall be registered unless at least
10% or 100 of the workmen, whichever is less. Engaged or
employed in the industry, with which it is connected are the
members of such Union
No trade union of workmen shall be registered unless it has 7
members on the date of making application
8. Section 4: Mode of Registration
After the application is made, it shall not
be deemed to have become invalid
merely by the reason that at any time
after the application, some applicants
disassociate themselves from the union
9. Section 5: Application for
Registration
Every application should be made to the Registrar or
Additional Registrar
The names, occupation and addresses of the
members making application
In case of workmen unions, the names, occupation
and place of work of the members should be there
The name of Trade Union and the address of its
head office
The titles, names, ages, addresses and occupations
of the office bearers of the Trade Unions
10. Section 5: Application for
Registration
Where a Trade Union has been in
existence for more than1 year before
applying for registration, a complete
details of its assets and liabilities should
be prepared and should be submitted
along with the application
11. Section 6: Provisions to be
contained in the rules
The name of Trade Union
The whole of objects for which the Union has been
established
The whole purposes for which the general funds will be
allocated
The maintenance list of the members and adequate
facilities to inspect them
The admission rules of ordinary members who will be
persons associated with that industry
The payment of minimum subscription by the members
The conditions under which any member shall be entitles
to benefits of the union
12. Section 6: Provisions to be
contained in the rules
The manner in which the rules shall be amended, altered
and rescinded
The manner in which the executive and office bearer of
the union will be elected and removed
The duration period of such elected members (maximum
tenure is 3 yrs)
The manner in which the Union may be dissolved
13. Section 7: Power to call for further
particulars and alteration
The registrar may call for further
information for the purpose of satisfaction
and the Union is liable to furnish all the
information before it is registered
Power of alteration
14. Section 8: Registration
The Registrar, on being satisfied that the
Trade Union has compiled with all the
requirements of the Act, shall register
the Union by entering in a register, to be
maintained in such form as may be
prescribed.
15. Section 9: Certificate of
Registration
The Registrar, on registering a Trade
Union under Sec 8, shall issue a
certificate of registration in the
prescribed form which shall be
conclusive evidence that the Union has
been duly registered under this Act
16. Section 10: Cancellation of
Registration
On the application of the Trade Union to be verified
in such manner as may be prescribed
If the Registrar satisfies 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
If the Registrar is satisfied that a registered Trade
Union of workmen ceases to have the requisite
number of member
17. Section 11: Appeal
Any person aggrieved by any refusal of the
Registrar can appeal to
Where the HO of union is situated within
the limits of a Presidency town, to the High
Court
Where the HO is situated in an area, falling
within the jurisdiction of a Labour Court or
an Industrial Tribunal
Where the HO is situated in any other area,
to such court, not inferior to the court of an
additional or assistant Judge of a principal
Civil Court
18. Section 12: Registered Office
The office of the trade union which is
registered with the registrar for all its
operations is known as Registered
Office. All the communication
regarding the trade union should be
done here
19. Section 13: Incorporation of
registered trade unions
Every registered union is a corporate
body by its name, and shall have
perpetual succession and a common
seal with power to acquire, both
movable and immovable assets.
20. Section 14: Certain Acts not
applying on Trade Unions
The Societies Registration Act 1860
The Cooperative Societies Act 1912
The Companies Act 1956
22. Section 15: Objects on general
funds may be spent
The payment of salaries, allowances to office
bearers and executive
The payment of expenses for the administration
of Trade Union
The prosecution or defense of any legal
proceedings against Trade Union
Compensation for members for loss arising out
of a trade dispute
Expenses on social welfare of the members
To upkeep the periodicals published, if any
23. Section 16: Constitution of a
separate fund for political purposes
A registered Trade Union should have a
separate fund from contributions of its
members for the furtherance of political interest
of any of its member or office bearer.
No member shall be compelled to pay his or her
contribution as far as political purpose is there
24. Section 17: Criminal conspiracy
in trade disputes
No office bearer or member of a registered
union shall be liable under s120-B of the Indian
Penal Code
S120-B states-
An illegal act
An act which is not illegal by illegal means
but is designated as criminal conspiracy
25. Section 17: Criminal conspiracy
in trade disputes
Trade unions have right to declare strikes and
to do certain acts in furtherance of trade
disputes
However this immunity is restricted to
specified offence punishable. If there is an act to
commit an criminal offence then it is
punishable
26. Section 18: Immunity from civil
suit in certain cases
No suit or other legal proceeding shall be
maintainable in any civil court against any
union of any act done in contemplation or
furtherance of a trade dispute to which a
member of union is concerned , even if breaks
any civil laws
27. Section 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
union shall not be void or voidable a merely by
reason of the fact that any objects of the
agreement are in restraint of trade
28. Section 20: Right to inspect books
of Trade Union
The account books of a registered union and the
list of members shall be open to inspection by
an office bearer or member of the union
29. Section 21: Rights of Minors to
membership of Union
Any person who has attained the age of fifteen
may be a member of the union subject to any
rules the union to the contract and may enjoy
all the rights of a member and execute all
instruments and give all the acquaintances
necessary to be executed or given under the
rules
30. Section 23: Change of Name
Any registered union may with the consent of
at least two third of the total member and
subject to provision of section 25 can change the
name
31. Section 24: Amalgamation of
trade unions
Any two or more registered Trade Unions may
become amalgamated together as one Trade
Union with or without dissolution or division
of the funds., provided that the votes of at least
one half of the members of each trade union is
entitled to vote are recorded and that at least
sixty percent of the voters are in favor of such
amalgamation
32. Section 25: Notice of change of
name or amalgamation
Notice in writing of every change of name or
every amalgamation, signed secretary and by
seven members of the trade union should be
submitted to Registrar and where the head
office of the amalgamated trade union is
situated in a different state, the Registrar of
that state should also receive such notice
If the proposed name is identical with that of an
existing Union, the Registrar may refuse to
change it.
33. Section 25: Notice of change of
name or amalgamation
The registrar shall, if he is satisfied that the
provisions of this Act in respect of the
amalgamation are compiled, change the name
in the register
34. Section 26: Effects of change of
name and of amalgamation
The change in the name of a registered Trade
Union shall not affect any rights or obligations
of it or render defective any legal proceeding by
or against the Trade Union. The continuation of
the all the procedures should be done under the
new name
An amalgamation of Trade Unions shall not
prejudice right of any such Trade Union or any
right of a creditor
35. Section 27: Dissolution
When a registered Trade Union is dissolved,
notice of the dissolution signed by 7 members
and the secretary of the Trade Union shall,
within 14 days of the dissolution, be sent to the
Registrar. If he is satisfied that the dissolution
has been effected in accordance with the rules,
shall consider Trade Union as dissolved.
Where the dissolution of a registered Trade
Union has been registered and there is no
provisions for the distribution of the funds , the
Registrar shall divide the fund amongst the
members as he feels fine.
37. Section 29: Power to make
regulations
The appropriate Govt. can make regulations for
the purpose carrying into effect the provisions
of this act
The manner in which Unions and its rules shall
be registered and fess payable on registration
The transfer of registration in case any Trade
Union has changed its HO from one state to
another
The manner and qualification of persons by
whom, the accounts of Trade Unions shall be
audited
38. Section 29: Power to make
regulations
The appropriate Govt. can make regulations for
the purpose carrying into effect the provisions
of this act
The conditions subject to which the inspection of
the documents kept by Registrar can be done
and their applicable fees
Any matter which is to be or may be prescribed
39. Section 30: Publication of
regulations
Before changing the regulations, a draft of the
proposed regulations should be made and
published before 3 months of changing
regulations and it should be published for
general information
Regulations so made shall be published in the
official Gazette, and on such publication shall
have effect as if enacted in this Act.
41. Section 31: Failure to submit
returns
If default is made on the part of any Trade
Union of giving notice or sending any
statements and accounts as discussed earlier
then the office-bearer will be punished with a
fine. In case there is no office-bearer then the
executive will be punished
42. Section 31: Failure to submit
returns
Any person who willfully makes, or causes to be
made, any false entry in, or any omission from,
the general statement required by sec 28, or
makes any unauthorized alterations in the
statement required by sec 28, then he or she is
liable for a monetary punishment which may
extend to Rs 500/-
43. Section 32: Supplying false
information regarding Trade Unions
Any person who, willfully and with intent to
deceive, supplies any false information
regarding Trade Union to a person who is
willing to join the Trade Union, or supplies any
altered statement or accounts of a Trade Union
to a person who is will to join the Trade Union,
is liable to monetary punishment or fine.
44. Section 33: Cognizance of
offences
No court inferior to that of a
Presidency Magistrate or a Magistrate
of the first class shall try any offence
under this Act.
