Trade Union Act 1926

Download as pptx, pdf, or txt
Download as pptx, pdf, or txt
You are on page 1of 20

Trade Union Act, 1926

Presented by,
Mahima Loungani
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
“A Trade Union is a combination whether
temporary or permanent, formed for
regulating the relations not only between
workmen and employers but also between
workmen and workmen or between
employers and employers.”

3
Registration of Trade Unions

 The government shall appoint a person to be


the Registrar of Trade Union for the State.
 The Government may also appoint as many
Additional and Deputy of Trade unions as it
thinks fit for the purpose of exercising powers
and functions of the Registrar under this Act.

4
Application for registration

Every application for registration of trade union shall be


made to the registrar and shall accompanied with the
rules of the trade union and a statement of the following
particulars, namely:
• The names, occupations and address of the
members making application
• The name of the trade union and the address of its
head office
• The titles, names, ages, addresses and occupation
of the office bearers of the trade unions

5
Provisions to be contained in the rules of
trade unions

A trade union is entitled to registration only if it is in accordance


with the provisions of the act and its rule provide for the
following matters, namely:
• The name of the trade union
• The whole of the objectives for which the trade union has
been established
• The whole of the purposes for which the general funds of the
trade union shall be applicable, all the purposes to which
funds are lawfully applicable under this act

6
• The maintenance of a list of its members of the trade union
and adequate facilities for the inspection thereof by the
office bearer and members of the trade union
• The payment of a subscription by members of the trade
union which shall be not less than twenty- five paisa per
month per member
• The manner in which the rules shall be amended
• The manner in which the members of the executive and the
other office bearers of the trade unions shall be appointed
and removed.

7
Powers of the Registrar

1.Power to call for Further


Particulars:
• The Registrar may call for further information
for the purpose of satisfying himself.
• The registrar may refuse until such information
is supplied.

8
2. Power to require Alteration of Name:
The Registrar can ask the Trade Unions to alter the
name of their trade union if it is identical to the existing
one’s.

9
3. Registration:
• The Registrar, after being satisfied with the
requirements of this Act, shall register the Trade Union
by entering in the register, to be maintained in such a
form as may be prescribed.

10
A trade union enjoys the following privileges after
registration:
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
5. Cancellation of registration (sec.10)
The registrar has been empowered to cancel the registration of
the 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
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
Privileges of a Registered Trade Union:

1. Immunity from Criminal Prosecution:


Registered Trade Union enjoys certain rights in furtherance
of their trade dispute, e.g., right to go on strike and to
persuade their members to abstain from work.
The trade union shall not be liable to punishment if they go
on lawful strike.

14
2. Immunity from civil suit (sec18)
No legal proceedings shall be maintainable in any civil
court against any registered trade union due to trade
dispute unless the acts interferes with the trade,
business or employment.

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
4. Rights of minors to membership of trade unions
(sec.21):
Any person who has attained the age of fifteen years
may be a member of the registered trade union,enjoy
all the rights of a member and execute all instruments
necessary to be executed.

17
GENERAL FUNDS

• Section 15 of the Act provides certain restrains against


expenditure out of the general funds of the registered
trade union.
• It lays down that the general fund of a registered trade union
shall not be spent on any other objects than the following,
namely:

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
OTHER PROVISIONS

Dissolution of a Trade Union:


When a registered Trade Union is dissolved, notice of the
dissolution signed by seven members and by the Secretary of
the Trade Union shall, within 14 days of the dissolution, be sent
to the Registrar, and shall be registered by him if he is satisfied
that 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 registration.

20

You might also like