55338280 trade-union-act-1926

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Trade Union Act, 1926 Presented by, Mahima Loungani

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Transcript of 55338280 trade-union-act-1926

  • 1. TRADE UNION ACT, 1926 The Trade Unions Act, 1926 provides for registration of trade unions to enable participation of trade unions in collective bargaining. It also confers on a registered trade union certain protection and privileges. The Act extends to the whole of India and applies to all kinds of unions of workers and associations of employers, which aim at regularizing labour management relations. 2

2. A Trade Union is a combination whethertemporary or permanent, formed forregulating the relations not only betweenworkmen and employers but also betweenworkmen and workmen or betweenemployers and employers.3 3. Registration of Trade UnionsThe government shall appoint a person to be theRegistrar of Trade Union for the State.The Government may also appoint as manyAdditional and Deputy of Trade unions as it thinksfit for the purpose of exercising powers andfunctions of the Registrar under this Act. 4 4. Application for registrationEvery application for registration of trade union shall bemade to the registrar and shall accompanied with therules of the trade union and a statement of the followingparticulars, namely:The names, occupations and address of the membersmaking applicationThe name of the trade union and the address of itshead officeThe titles, names, ages, addresses and occupation ofthe office bearers of the trade unions5 5. Provisions to be contained in the rules oftrade unionsA trade union is entitled to registration only if it is in accordancewith the provisions of the act and its rule provide for thefollowing matters, namely:The name of the trade unionThe whole of the objectives for which the trade union has beenestablishedThe whole of the purposes for which the general funds of thetrade union shall be applicable, all the purposes to which fundsare lawfully applicable under this act 6 6. The maintenance of a list of its members of the trade union andadequate facilities for the inspection thereof by the office bearerand members of the trade unionThe payment of a subscription by members of the trade unionwhich shall be not less than twenty- five paisa per month permemberThe manner in which the rules shall be amendedThe manner in which the members of the executive and theother office bearers of the trade unions shall be appointed andremoved.7 7. Powers of the Registrar1.Power to call for FurtherParticulars:The Registrar may call for further information forthe purpose of satisfying himself.The registrar may refuse until such information issupplied.8 8. 2. Power to require Alteration of Name: The Registrar can ask the Trade Unions to alter the nameof their trade union if it is identical to the existing ones.9 9. 3. Registration: The Registrar, after being satisfied with therequirements of this Act, shall register the Trade Unionby entering in the register, to be maintained in such aform as may be prescribed. 10 10. A trade union enjoys the following privileges afterregistration:1. It becomes a body corporate.2. It gets perpetual succession and common seal.3. It can acquire and hold both movable and immovable property.4. It can enter into contracts with others.5. It can sue and be sued in its registered name.11 11. 5. Cancellation of registration (sec.10)The registrar has been empowered to cancel the registration ofthe trade union in the following cases:1. Certified copy of cancellation received from the trade union.2. If the registrar is satisfied that the certificate has been obtained by fraud or mistake.3. Where the trade union has ceased to exist.4. Where the union has willfully contravened any provision of this act . 12 12. Registered office (sec.13)1. All communications and notices to a registered trade union may be addressed to its registered office.2. Notice of any change in the address of the head office shall be given within fourteen days of such change to the registrar.13 13. Privileges of a Registered Trade Union:1. Immunity from Criminal Prosecution:Registered Trade Union enjoys certain rights in furtheranceof their trade dispute, e.g., right to go on strike and topersuade their members to abstain from work.The trade union shall not be liable to punishment if they goon lawful strike. 14 14. 2. Immunity from civil suit (sec18)No legal proceedings shall be maintainable in any civilcourt against any registered trade union due to tradedispute unless the acts interferes with the trade,business or employment.15 15. 3. Rights to inspect books of trade union (sec.20):The account books of a registered trade union and the list of members shall be open for inspection by an office bearer or members of the trade union at such time as may be provided for in the rules of the trade union.16 16. 4. Rights of minors to membership of trade unions(sec.21):Any person who has attained the age of fifteen yearsmay be a member of the registered trade union,enjoyall the rights of a member and execute all instrumentsnecessary to be executed. 17 17. GENERAL FUNDSSection 15 of the Act provides certain restrains againstexpenditure out of the general funds of the registered tradeunion.It lays down that the general fund of a registered trade unionshall not be spent on any other objects than the following,namely:18 18. 1. The payment of salaries, allowances and expenses to the office-bearers of the Trade Union;2. The payment of expenses for the administration of the Trade Union including audit of accounts of general funds;3. The allowances and compensation of members for loss arising out of Trade Unions.4. The provisions of education, social or religious benefits for members or for the dependants of members.19 19. OTHER PROVISIONSDissolution of a Trade Union:When a registered Trade Union is dissolved, notice of thedissolution signed by seven members and by the Secretary ofthe Trade Union shall, within 14 days of the dissolution, be sentto the Registrar, and shall be registered by him if he is satisfiedthat the dissolution has been effected in accordance with therules of the trade union, and the dissolution shall have effectfrom the date of such registration.20