The Trade Unions Act, 1926 Scope and coverage The Act applies to registered trade unions.

It also specifies the mode of their registration. The Act extends to the whole of India [Sec. 1 (2)]. the act was extended to Jammu and Kashmir by the Central labour laws (extension to Jammu and Kashmir) Act, 1970.

DEFINITIONS 1. Appropriate Government (Sec. 2). In relation to trade unions whose objects are not confined to one State, the 'appropriate Government' means the Central Government. In relation to other trade unions, the 'appropriate Government' means the State Government (Introductory part of Sec. 2). 2. Executive [Sec. 2(a)]. 'Executive' means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted.

3. Trade dispute [Sec. 2(g)]. dispute -

it means any

a) between employers and workmen, or b)between workmen and workmen, or c) between employers and employers, which is connected with (I) the employment or nonemployment, or (ii) the terms of employment, or (iii) the conditions of labour, of any person. 'Workmen' means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.

4. Trade union [Sec. 2(h)]. It means any combination, whether temporary or permanent, formed -

(1) primarily for the purpose of regulating the relations:

a) between workmen and employers, or b)between workmen and workmen, or c) between employers and employers, or

(2) for imposing restrictive conditions on the conduct of any trade or business. It includes any federation of 2 or more trade unions.

5. Registered trade union [Sec.2 (e)]. it means a trade union registered under the Act.

AGREEMENTS NOT AFFECTED BY THE ACT The Act does not affect (1)any agreement between partners as to their own business: (2)any agreement between an employer and those employed by him as to such employment; or

(3)any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft (Proviso to Sec. 2).

Certain Acts not to apply to registered trade unions (Sec. 14). The following Acts do not apply to registered trade unions:
(1)The societies Registration Act, 1860; (2)The Co-operative Societies Act, 1912; and

(3)The companies Act, 1956.

The registration of any trade union under these Acts is void.

APPOINTMENT OF REGISTRARS A State Government appoints a person to be the Registrar of Trade Unions for the State [Sec. 3(1)]. it may also appoint as many Additional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging the powers and functions of the Registrar. They have to act under the superintendence and control of the Registrar. The State Government also defines the local limits its within which they shall exercise and discharge the power and functions so specified [Sec. 3(2)].

Where an Additional or Deputy Registrar exercises and discharges the powers and functions of a Registrar in an area within which the registered office of a trade union is situated, the Additional or Deputy Registrar is deemed to be the Registrar in relation to the trade union for the Act [Sec. 3(5)].

Application for registration to Registrar (Sec. 5) Application for registration of a trade union is to be made to the Registrar of Trade Unions. It must be accompanied by a copy of its rules and a statement of the following particulars, viz.,

a) the names, occupations and addresses of the members making the application; b)the name of the trade union and the address of its head office; and c) the titles, names, ages, addresses and occupations of the officers of the trade union [Sec. 5(1)]. Where a trade union has been in existence for more than 1 year before the making of an application for its registration, a general statement of its assets and liabilities prepared in the prescribed form has also to be delivered to the Registrar, together with the application [Sec. 5(2)].

Rules of trade union (Sec. 6) A trade union is entitled to registration only if its executive is constituted in accordance with the provisions of the Act and its rules provide for the following matters, namely:

a) the name of the trade union;

b)the whole of its object;

c) the whole of the purposes for which the general funds of the trade union shall be applicable under Sec. 15;

(d)the maintenance of a list of the members of the trade union and adequate facilities for the inspection thereof by the office -bearers and members of the trade union; (e)the admission of ordinary members who shall be persons actually engaged or employed in the industry with which the trade union is connected, and also the admission of the number of honorary or temporary office-bearers to form the executive of the trade union; (f)the payment of a subscription by the members of the trade union which shall be not less than 25 paise per month per member;

(g)the conditions under which any members shall be entitled to any benefit assured by the rules and conditions under which fines may be imposed on the members;
(h)the manner in which the rules shall be amended, varied or rescinded; (i)the manner in which the members of the executive and other office-bearers of the trade union shall be appointed and removed; (j)the safe custody of the funds of the trade union, and annual audit of the accounts thereof, and facilities for the inspection of the account books by the office-bearers and members of the trade union; and

(k) the manner in which the trade union may be dissolved. Registration (Sec. 8) The Registrar, on being satisfied that the trade union has complied with all the requirements of this Act in regard to registration, shall register the trade union. He shall register the trade union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union contained in the statement accompanying the application.

Certificate of registration (Sec. 9) The Registrar, on registering a trade union under Sc. 8, shall issue a certificate of registration in the prescribed form. The certificate shall be conclusive evidence that the trade union has been duly registered under the Act.

Characteristics of registered trade union on incorporation (Sec. 13) A trade union after registration acquires the following characteristics: (1)It becomes a body corporate by the name under which it is registered, and becomes a legal entity distinct from the members of which it is composed.
(2)It has perpetual succession and a common seal. (3)It has the power to acquire and hold both movable and immovable properties.

(4)It has the power to contract. (5)It can by the name under which it is registered sue and be used. Change of name (Secs. 23, 25 and 26)

Any registered trade union may, with the consent of not less than 2/3rds of total number of its members, change its name (Sec. 23). Notice in writing of the change signed by the secretary and by 7 members of the trade union shall be sent to the Registrar [Sec. 25 (1)].

If the proposed name is not identical with that of any existing trade union, the Registrar shall register the change of name in the register referred to in Sec. 8[Sec. 25(2)]. The Registrar shall, if he is satisfied that the provisions of the Act in respect of change of name have been complied with, register the change of name in the register referred to in Sec. 8, and the change of name shall have effect from the date of such registration [Sec. 25(3)].

Registered office (Sec. 12) All communication and notices to a registered trade union may be addressed to its registered office. Notice of any change in the address of the head office shall be given within 14 days of such change to the Registrar in writing, and the changed address shall be recorded in the register maintained by the Registrar under Sec. 8.

Who may become members (Sec. 21). Any person who has attained the age of 15 years may be a member of a registered trade union. This is subject to any rules of the trade union to the contrary. Any such members, subject to the rules of the trade union, may enjoy all the rights of a member and execute all instruments and give all acquaintance necessary to be executed or given under the rules (Sec. 21). But he cannot be an office-bearer of the trade union until he attains the age of 18 year [Sec. 21A(1)(i)].

CANCELLATION AND APPEAL

OF

REGISTRATION

Cancellation of registration (Sec. 10) A certificate of registration of a trade union may be withdrawn or cancelled by the Registrar a)on the application of the trade union to be verified in the prescribed manner; or b)if the Registrar is satisfied that the certificate has been obtained by fraud or mistake; or

c) if the Registrar is satisfied that the trade union has (i) ceased to exist, or (ii) willfully contravened any provisions of the Act, or (iii) allowed any rule to continue in force, which is inconsistent with any such provision, or (iv) rescinded any rule which ought to be there. In cases (b) and (c), the Registrar has to give to the trade union not less than 2 months' previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate of registration. No such notice is necessary in case (a).

RIGHS AND PRIVILEGES REGISTERED TRADE UNION

OF

The following are the rights and privileges of a registered trade union: 1. Body corporate (Sec. 13). Every registered trade union is a body corporate by the name under which it is registered and has perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract and can by the said name sue and be sued.

2. Separate fund for political purposes (Sec. 16). A registered trade union may constitute a separate fund, from contribution separately levied for or made to that fund, from which payments may be made for the promotion of the civic and political interests of its members [Sec. 16 (1)]. 3. Immunity from punishment for criminal conspiracy (Sec. 17) An office-bearer or member of a registered trade union shall not be liable to punishment under Sec. 120-B (2) of the Indian Penal Code, 1860 in respect of any agreement made between the members for the purpose of furthering any such object of the trade union on which general funds may be spent.

4. Immunity from civil suits (Sec. 18). A suit or other legal proceeding shall not be maintainable in any civil Court against any trade union or any office-bearer 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. This protection is available only on the ground that such act induces some other persons to break 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 or his labour as he will [Sec. 18(1)].

5. Enforceability of agreements (Sec 19). Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered trade union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement is in restraint of trade. 6. Right to inspect books of trade union (Sec. 20). the account books of a registered trade union and the list of members thereof is open inspection by an office-bearer or member of the trade union.

The inspection may be done at such time as may be provided for in the rules of the trade union. The object of conferring this right on office-bearers and members is that they satisfy themselves as to the genuineness of members and of the accounts of the union.

7. Right of minors to be members (Sec. 21). Subject to any rules of the trade union to the contrary, any person who has attained the age of 15 years may be a member of a registered trade union and enjoy all the rights of a member.

DUTIES AND LIABILITIES REGISTERED TRADE UNION

FO

The Trade Unions Act imposes the following duties and liabilities on a registered trade union: 1. Change of registered office (Sec. 12). If any change in the address of the head office of a trade union takes place, notice of change must be given tot he Registrar in writing. 2. Objects on which general funds may be spent (Sec. 15). The general funds of a registered trade union shall be spent only on the following objects, namely:

a) the payment of salaries, allowances and expenses to office-bearers of the trade union;

b)the payment of expenses for the administration of the trade union, including audit of the accounts of the general funds of the trade union;
c) the expenses in prosecution or defense of any legal proceeding to which the trade union or any member thereof is a party, undertaken for the purpose of securing or protecting any rights of the trade union; d)the conduct of trade disputes on behalf of the trade union or any members thereof;

e) the compensation of members for loss arising out of trade disputes; f) allowances to members or their dependents on account of death, old age, sickness, accidents or unemployment of such members; g)the issue of, or the undertaking of liability under, policies of assurance on the lives of members, or under policies insuring members against sickness, accident or unemployment; h)the provision of educational, social, or religious benefits for members (including the payment of the expenses of funeral or religious ceremonies for deceased members) or for the dependents of members;

i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting employees or workmen as such; j) the payment of contributions to any cause intended to benefit workmen in general. The expenditure in respect of such contributions in any financial year shall not at any time th during that year be in excess of of the combined total of the gross income which has up to that time accrued to the general funds of the trade union during that year and of the balance at the credit of those funds at the commencement of that year; and

(k) subject to any conditions contained in the notification, any other object notified by the appropriate Government in the Official Gazette. If the union funds are spent on any objects other than those enumerated in Sec. 15, the expenditure will be unlawful and ultra vires the Act. The union can be restrained by unjunction from applying its funds for any such object.

3. Constitution of a fund for political purposes (Sec. 16). A registered trade union may constitute a separate fund from which payments may be made for the promotion of the civic and political interests of its members [Sec. 16(1)]. such fund can be used in furtherance of the following objects, viz., (a) the payment of any expenses incurred by a candidate or prospective candidate for election as a member of any legislative body constituted under the Constitution or of any local authority; or

b)the holding of any meeting or the distribution of any literature or documents in support of any such candidate or prospective candidate, or c) the maintenance of any person who is a member of any legislative body constituted under the Constitution or for any local authority; or d)the registration of electors or the election of a candidate for any legislative body constituted under the Constitution or of any local authority; or e) the holding of political meeings of any kind, or the distribution of political literature or political documents of any kind [Sec. 16(2)].

Expenditure for political purposes is in no case permitted out of the general funds. Not only this, even interest on investments of general fund will have to be credited to the general fund. The conditions for the creation of a political fund are as follows: (1)Such fund can be created only from contributions separately levied or made to that fund [Sec. 16(1)]. (2)Members must not be compelled to contribute to the fund.

(3)A member who does not contribute to the fund must not be excluded from any benefits of the trade union, or placed under any disability or disadvantage, directly or indirectly, as compared with other members of the trade union (except in relation to control or management of the political fund). (4)Contribution to the political fund must not be made a condition for admission to the trade union [Sec. 16(3)].