T.U. ACT 1926

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,THE TRADE UNION ACT 1926, -The Trade Union Act 1926 was enacted in pre

independent India with the objects of promoting

.social justice among workers In 1987 theGovernment of India circulate some proposals foramending this Act in keeping with the changing

.times The trade union can be formed with aminimum of 7 members as executive members and get

it register in prescribed format with the.Registrar Twenty five percent of the total

workforce of an establishment would be required.for registration as a trade union Membership feeand other contributions are the only source of its

,fund which could be utilised for salaries foradministrative expenses and for providing any

,allowances to its members in case of death old, , , .age sickness accidents etc

.

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The Act has granted immunity from criminalprosecution for any agreement made between the

members for purpose of achieving he objectives of. -the union Suit against an officer bearer or a

member of a trade union cannot be filed in a civil

court for anything done in the course of a tradedispute alleging that the act has interfered with, , ,the contract of employment trade business etc

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In this act the appropriate Government means inrelation 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 namecalled 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

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( ) " "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 theRegistrar 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 betweenemployers 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 tradeor industry whether or not in the employmentof the employer with whom the trade dispute

;arises and

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(( ) " " ,b Trade Union means combination

,whether temporary or permanentformed primarily for the purpose

of regulating the relationsbetween workmen and employers or,between workmen and workmen or

,between employers and employersor for imposing restrictive

condition on the conduct of any,trade or business and includes

any federation of two or more;Trade UnionsProvided 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 abusiness or of instruction in any

, .profession trade or handicraft

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. -Change of name Any registered Trade Union, -ay with the consent of not less than twohirds of the total number of its members andubject to the provisions of Section 25 change.ts name. - ( ) [9 Power to make regulations 1 The appropriate]overnment may make regulations for the purpose of.arrying into effect the provisions of this Act( ) In particular and without prejudice to the generality,f the generality of the foregoing power such regulations,ay provided for all r any of the following matters

;amely( ) The manner in which Trade Union and the rules of Tradenions shall be registered and the fees payable on;egistration( ) The transfer of registration in the case of anyegistered Trade Union which has changed its head office; ( ) ,rom one State to another c The manner in which and the,ualifications of persons by whom accounts of registeredrade Unions or of any class of such Unions shall be;udited( ) The conditions subject to which inspection ofocuments kept by Registrars shall be allowed and the fees;hich shall be chargeable in respect of such inspections

nd( ) .Any matter which is to be or may be prescribed

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. , - ( )Short title extent and commencement 1[ " "his Act may be called the The words Indiaas been deleted by the Trade Union( ) ]mendment Act 31 of 1964 Trade Unions, .ct 1926. [ :-It extends to the Whole of India Note" "he word except the State of Jammu and" .ashmir have been omitted by Act No 51 The] .rient Tavern 1970. It shall come into force on such date ashe Central Government by notification in, .he Official Gazette appointotes ,n the year 1925 the Government of Indiafter consulting the State Governments drewp a Bill providing for the registration ofrade unions and introduced the same in theegislative Assembly on the 1st , .ugust 1925he Indian Trade Union Act was passed in926and came into force on the 1st , .une 1927lthough two amending Acts were passed in,928 and 1942 no major changes were. ,ntroduced in the Act till 1947 In 1947 anmending Acct was passed which provided forompulsory recognition of the representative,nions by the employers and listed certain.ractices on the part of recognized Unions, ,hese provisions of the amended Act however

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Freedom of association is treated as a very important right under.any democratic institution It finds a place in the democratic form

. ,of Government However this was not treated as a right enjoyable by.the labour till the Trade Unions were legally allowed to be formed

Any move by the labour or working people to organize themselves waslooked at as a criminal act punishable under the criminal justice

. , administration system Gradually the philosophy changed and workers.organisations were recognised as acceptable organisations The Trade.Unions Act was adopted for India in 1926 The Act provides for

registration of trade unions with a view to rendering organisations. , ,of labour as legal The Trade Unions Act however did not undergo

any major change till recently although the structure of Industrialorganisations and of the labour force has undergone significant

.changes,As per the recent amendment in the Act no trade union of workmen% , ,shall be registered unless at least 10 or 100 whichever is less

of workmen engaged or employed in the establishment or industry withwhich it is connected are the members of such union on the date of

.making of application for registration In no case a union shall be

.registered without a minimum strength of 7 members It is to be made

clear that this Act provides for registration only and not for. ,recognition Thus recognition of trade Unions is by and large a

matter of agreement between the employer and trade union except inthe State of Madhya Pradesh and Maharashtra where there is a

. ,separate legislation in this context However in public undertakingsrecognition of unions is accorded under the code of Discipline in

,Industries which is by mutual agreement since the court has no

.legal force

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Application for registration to be made toRegistrar of Trade Unions has to be accompanies by

a copy of the rules of trade unions and a statement, ;of the following particulars namely. ,a The names occupations and addresses of members

.making the applicationThe name of the Trade Union and the address of its

head office and, , ,The titles names ages addresses and occupations.of the office bearers of the trade unions

Where a Trade Union has been in existence for morethan one year before the making of an application

,for its registration this shall be delivered to,the Registrar along with an application a general

statement of assets and liabilities of the trade

.unions

d ld b l d l

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A Trade Union would be entitled to registration onlywhen the executive thereof is constituted in accordance

.with the provisions of Trade Unions Act The rules,provide for the matters such as name of the union

,objects for which the union is constituted purposes for,which the general funds of the Trade Union used

admission of ordinary members who shall be employed inan industry and of honorary and temporary members as, .office bearers the manner for amendment of rules etc

Registration of UnionThe Registrar of trade unions on being satisfied that

the union applying for registration has complied with

,all the requirements of the Act registers the union bymaking an entry in the register to be maintained for

this purpose and issues a certificate of registration.in the prescribed form A certificate once issued may be

withdrawn or cancelled by the Registrar for reasonssuch as obtaining the certificate by fraud or mistake

or where the union ceases to exist or willfully and

,after notice to the Registrar contravenes any of the.provisions of the Act But before canceling the

,registration or withdrawing the same two monthsprevious notice in writing specifying the ground on

which it is proposed to withdraw or cancel theregistration has to be given by the Registrar to the

.concerned trade union

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,The main benefits which accrue to registered,trade unions are immunity from criminal

conspiracy in trade disputes and from civil suits.in certain cases Every registered trade union has

to annually send returns to the Registrar on or

before the prescribed date containing particularsin respect of all the receipts and expenditure.made during the year Together with the general

,statement the registered union is also supposedto send to the Registrar a statement showing all

changes of office bearers made by the tradeunions during the year to which the general

,statement refers together with a copy of therules of the trade unions corrected up to the. ,date of the dispatch thereof Similarly a copy of

every alternation made in the rules of aregistered trade union is also to be sent to theRegistrar within 15 days of making of such

.alternation

Supplying false information to any members of theregistered trade unions by any of the members or

to any persons intending to apply for membershipis a crime under the Act and liable to be

.punished with fine

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