The law relating to the registration of trade unions and certain other matters is contained in the Trade Unions Act 1926. This Act was passed to regulate:
a) Conditions governing the registration of Trade Unions
b) Obligations imposed upon a registered Trade Unions
c) Rights and Liabilities of registered Trade Unions
Definition
"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 -
(c) Any agreement between partner to their own business;
(i) Any agreement between an employer and those employed by him as to such employment; or
(ii) Any agreement in consideration of the sales of the goodwill of a business or of instruction in any profession, trade or handicraft.
Main Provisions of the Act
Registration of trade union – Any 7 or more members of a trade union may apply subscribing to the rules of the Trade Union for Registration of the said Union.
a) Minimum Number of members - For registration, the minimum members should be 100 or 10% of workmen of establishment, whichever is less
b) Applicants ceasing to be member – The application for registration will not be invalid if less than 50% of members applying for its registration have ceased to be the member of the concerned trade union.
c) Statement to Registrar - following information should be given to the Registrar of Trade Unions alongwith the application:
· Name, occupation and address of mebers making aplliocation
· Title, name, age, occupation and addresses of office bearers of trade union
· Place of work of the Workmen (in case of trade union of workmen)
· Name of Trade Union and address of its head office.
Registration
The registrar on being satisfied that all requirements of the Trade Unions Act in respect of registration have been fulfilled, register a particular trade union and issue a ‘Certificate of Registration’ to the concerned trade union.
Certificate of Registration
The Registrar registering a Trade Unio 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.
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A certificate of registration of a Trade Union may be withdrawn o cancelled by the Registrar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.
Criminal conspiracy in trade disputes
No officers or member\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.
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 [Note: 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.
Legal status of a Trade Union
A registered Trade Union shall be a
· Body corporate having perpetual succession and a common seal
· It can acquire , hold and sell properties
· It can file a suit and be sued in its name
Membership of Trade Union
Minors who have attained 15 years of age can become members of a trade union subject to the rules of the concerned Trade Union.
Disqualification for becoming Office bearers of Trade Union
No member of a Trade Union can become Office bearer if he/she:
· Has not attained 18 years of age,
· Convicted by a court for offence involving moral turpitude and sent for imprisonment and 5 years have elapsed since his/her release.
Registered office
All correspondence to a Trade union may be addressed to its registered office. Any change in the above has to be informed to the Registrar within 14 days of such change.
Change of Name
Any change in name of a registered trade union has to be informed in writing to Registrar by the secretary and 7 members of the Trade Union.
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.
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.
General Fund
The Registered Trade Union may use the general fund for the following purposes:
· Salaries/allowances to office bearers
· Expenses for administration of trade union
· Conduct of Trade disputes on behalf of Trade Union
· Provision for education, social or religious beliefs of members or to the dependents of deceased members, etc.
Political Fund
a separate political fund may be constituted by a trade Union for the following purposes:
· Payment of expenses for a candidate for election to a legislative body
· Holding of any meeting or distribution of any literature in support of such candidate
· Maintenance of any person elected to legislative body
The membership to such a political fund should be
a) Voluntary for the Members
b) Should not be disentitle a non-member of such fund to any benefits of the trade union.
Returns
A general statement, audited in the prescribed manner, may be sent to the Registrar. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed.
a) Conditions governing the registration of Trade Unions
b) Obligations imposed upon a registered Trade Unions
c) Rights and Liabilities of registered Trade Unions
Definition
"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 -
(c) Any agreement between partner to their own business;
(i) Any agreement between an employer and those employed by him as to such employment; or
(ii) Any agreement in consideration of the sales of the goodwill of a business or of instruction in any profession, trade or handicraft.
Main Provisions of the Act
Registration of trade union – Any 7 or more members of a trade union may apply subscribing to the rules of the Trade Union for Registration of the said Union.
a) Minimum Number of members - For registration, the minimum members should be 100 or 10% of workmen of establishment, whichever is less
b) Applicants ceasing to be member – The application for registration will not be invalid if less than 50% of members applying for its registration have ceased to be the member of the concerned trade union.
c) Statement to Registrar - following information should be given to the Registrar of Trade Unions alongwith the application:
· Name, occupation and address of mebers making aplliocation
· Title, name, age, occupation and addresses of office bearers of trade union
· Place of work of the Workmen (in case of trade union of workmen)
· Name of Trade Union and address of its head office.
Registration
The registrar on being satisfied that all requirements of the Trade Unions Act in respect of registration have been fulfilled, register a particular trade union and issue a ‘Certificate of Registration’ to the concerned trade union.
Certificate of Registration
The Registrar registering a Trade Unio 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.
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.
Criminal conspiracy in trade disputes
No officers or member\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.
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 [Note: 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.
Legal status of a Trade Union
A registered Trade Union shall be a
· Body corporate having perpetual succession and a common seal
· It can acquire , hold and sell properties
· It can file a suit and be sued in its name
Membership of Trade Union
Minors who have attained 15 years of age can become members of a trade union subject to the rules of the concerned Trade Union.
Disqualification for becoming Office bearers of Trade Union
No member of a Trade Union can become Office bearer if he/she:
· Has not attained 18 years of age,
· Convicted by a court for offence involving moral turpitude and sent for imprisonment and 5 years have elapsed since his/her release.
Registered office
All correspondence to a Trade union may be addressed to its registered office. Any change in the above has to be informed to the Registrar within 14 days of such change.
Change of Name
Any change in name of a registered trade union has to be informed in writing to Registrar by the secretary and 7 members of the Trade Union.
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.
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.
General Fund
The Registered Trade Union may use the general fund for the following purposes:
· Salaries/allowances to office bearers
· Expenses for administration of trade union
· Conduct of Trade disputes on behalf of Trade Union
· Provision for education, social or religious beliefs of members or to the dependents of deceased members, etc.
Political Fund
a separate political fund may be constituted by a trade Union for the following purposes:
· Payment of expenses for a candidate for election to a legislative body
· Holding of any meeting or distribution of any literature in support of such candidate
· Maintenance of any person elected to legislative body
The membership to such a political fund should be
a) Voluntary for the Members
b) Should not be disentitle a non-member of such fund to any benefits of the trade union.
Returns
A general statement, audited in the prescribed manner, may be sent to the Registrar. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed.
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