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The Trade Unions Act, 1926 ________________________________________
(Act no.16 of 1926)
CONTENTS
Sections Particulars
Preamble
Chapter I Preliminary
1 Short title, extent and commencement.
2 Definitions.
Chapter II Registration of Trade Unions
3 Appointment of Registrars.
4 Mode of Registration.
5 Application for registration.
6 Provisions to be contained in the rule of a Trade Union.
7 Power to call for further particulars and to require alteration of name.
8 Registration.
9 Certificate of registration.
10 Cancellation of registration.
11 Appeal.
12 Registered office.
13 Incorporation of registered Trade Unions.
14 Certain Acts not to apply to registered Trade Unions.
Chapter III Rights and liabilities of registered trade unions
15 Objects on which general funds may be spent.
16 Constitution of a separate fund of political purposes.
17 Criminal conspiracy in the trade disputes.
18 Immunity from civil suit in certain cases.
19 Enforceability of agreements.
20 Right to inspect books of Trade Unions.
21 Rights to minors to membership of Trade Unions.
21A Disqualification of office bearers of Trade Union
22 Proportion of office-bearers to be connected with the industry.
23 Change of name.
24 Amalgamation of Trade Union.
25 Notice of change of name on amalgamation.
26 Effects of change of name, and of amalgamation.
27 Dissolution.
28 Returns
Chapter IV Regulations
29 Power to make regulations.
30 Publication of regulations.
Chapter V Penalties and procedure
31 Failure to submit returns.
32 Supplying false information regarding Trade Unions.
33 Cognizance of offences.
Preamble
[25th March, 1926]
An act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions.
Chapter I Preliminary
1. Short title, extent and commencement - (1) This Act may be called the [The words "India" has been deleted by the Trade Union (Amendment) Act 31 of 1964] Trade Unions Act,1926.
2. It extends to the Whole of India [Note:- The word "except" the State of Jammu and Kashmir" have been omitted by Act No.51 The Orient Tavern 1970].
3. It shall come into force on such date as the Central Government by notification in the Official Gazette, appoint.
Notes
In the year 1925 the Government of India, after consulting the State Governments drew up a Bill providing for the registration of trade unions and introduced the same in the Legislative Assembly on the 1st August,1925. The Indian Trade Union Act was passed in 1926and came into force on the 1st June,1927.
Although two amending Acts were passed in 1928 and 1942, no major changes were introduced in the Act till 1947. In 1947, an amending Acct was passed which provided for compulsory recognition of the representative Unions by the employers, and listed certain practices on the part of recognized Unions. These provisions of the amended Act, however, have not been brought into force.
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 -
(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.
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].
(Act no.16 of 1926)
CONTENTS
Sections Particulars
Preamble
Chapter I Preliminary
1 Short title, extent and commencement.
2 Definitions.
Chapter II Registration of Trade Unions
3 Appointment of Registrars.
4 Mode of Registration.
5 Application for registration.
6 Provisions to be contained in the rule of a Trade Union.
7 Power to call for further particulars and to require alteration of name.
8 Registration.
9 Certificate of registration.
10 Cancellation of registration.
11 Appeal.
12 Registered office.
13 Incorporation of registered Trade Unions.
14 Certain Acts not to apply to registered Trade Unions.
Chapter III Rights and liabilities of registered trade unions
15 Objects on which general funds may be spent.
16 Constitution of a separate fund of political purposes.
17 Criminal conspiracy in the trade disputes.
18 Immunity from civil suit in certain cases.
19 Enforceability of agreements.
20 Right to inspect books of Trade Unions.
21 Rights to minors to membership of Trade Unions.
21A Disqualification of office bearers of Trade Union
22 Proportion of office-bearers to be connected with the industry.
23 Change of name.
24 Amalgamation of Trade Union.
25 Notice of change of name on amalgamation.
26 Effects of change of name, and of amalgamation.
27 Dissolution.
28 Returns
Chapter IV Regulations
29 Power to make regulations.
30 Publication of regulations.
Chapter V Penalties and procedure
31 Failure to submit returns.
32 Supplying false information regarding Trade Unions.
33 Cognizance of offences.
Preamble
[25th March, 1926]
An act to provide for the registration of Trade Unions and in certain respects to define the law relating to registered Trade Unions.
Chapter I Preliminary
1. Short title, extent and commencement - (1) This Act may be called the [The words "India" has been deleted by the Trade Union (Amendment) Act 31 of 1964] Trade Unions Act,1926.
2. It extends to the Whole of India [Note:- The word "except" the State of Jammu and Kashmir" have been omitted by Act No.51 The Orient Tavern 1970].
3. It shall come into force on such date as the Central Government by notification in the Official Gazette, appoint.
Notes
In the year 1925 the Government of India, after consulting the State Governments drew up a Bill providing for the registration of trade unions and introduced the same in the Legislative Assembly on the 1st August,1925. The Indian Trade Union Act was passed in 1926and came into force on the 1st June,1927.
Although two amending Acts were passed in 1928 and 1942, no major changes were introduced in the Act till 1947. In 1947, an amending Acct was passed which provided for compulsory recognition of the representative Unions by the employers, and listed certain practices on the part of recognized Unions. These provisions of the amended Act, however, have not been brought into force.
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 -
(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.
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].