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The Trade Union Act 1926

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The Trade Union Act 1926

The Trade Union Act 1926

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    The Trade Union Act 1926 The Trade Union Act 1926 Presentation Transcript

    • Lohith Shetty INDUSTRIAL RELATIONS LEGISLATION UNIT – V - LESSON -3 THE TRADE UNIONS ACT, 1926 [25TH MARCH, 1926] Jc Lohith Shetty PGDPM, MSW, MBA, NET Asst Professor St Aloysius College (Autonomous) Trainer – Junior Chamber International President - 2014, JCI Mangalore 1
    • Lohith Shetty Statutory Instructions:  This is not a study material & only a teaching aid.  There is constant changes made to this teaching material & those changes are not updated in Slide Share.  This slide is prepared as teaching aid only, so it can be understood & interpreted rightly only after attending my classes.  2
    • Lohith Shetty 1. SHORT TITLE, EXTENT AND COMMENCEMENT 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]. 2. Definitions – (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; (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 3
    • Lohith Shetty (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 -(i) Any agreement between partner to their own business; (ii) Any agreement between an employer and those employed by him as to such employment; or (iii) Any agreement in consideration of the sales of the goodwill of a business or of instruction in 4
    • Lohith Shetty 3. Appointment of Registrars – 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 subsection (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 5 have notice in writing to the Registrar dissociating
    • Lohith Shetty 5. APPLICATION FOR REGISTRATION      (1) Application for regn of a Trade Union to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:(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 title, names, ages, addresses and occupations of the [Subs. by Trade Unions (Amendment) Act No.33 of 1954] of the Trade Union. (2) Where a TU has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the Registrar, together with the application, a general statement of the assets and liabilities of the Trade Union prepared in such form and containing such particulars as may be prescribed. 6
    • 6. PROVISIONS TO BE CONTAINED IN THE RULES OF TRADE UNION - …… Lohith Shetty (a) The name of the Trade Union; (b) The whole of the object for which the Trade Union has been established; (c) The whole of the purposes for which the general funds of the Trade Union shall be applicable, all of which purposes shall be purpose, to which such funds are lawfully applicable under this Act; (d) The maintenance of a list of the members of the Trade Union and adequate facilities for the inspection thereof by the [Subs. by Trade Unions (Amendment) Act No.33 of 1954] and members of the Trade Union; (e) The admission of ordinary members who shall be persons actually engaged or employed in an industry with which the Trade Union is connected, and also the admission of the number of honorary or temporary members as [Subs. by Trade Unions (Amendment) Act No.33 of 1954] required under Section 22 to form the 7 executive of the Trade Union;
    • 6. PROVISIONS TO BE CONTAINED IN THE RULES OF TRADE UNION - …… CONTD... Lohith Shetty (ae) [Ins. by Act 42 of 1960] The payment of a subscription by members of the Trade Union which shall be not less than twenty five naye paise per month per member; (a) The conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on members; (b) The manner in which the member shall be amended, varied or rescinded; (c) The manner in which the members of the executive and the other [Subs. by Trade Unions (Amendment) Act No.33 of 1954] of the Trade Union shall be appointed and removed; (d) The safe custody of the funds of the Trade Union, and annual audit, in such manner as may be prescribed, of the account books by [Subs. by Trade 8
    • Lohith Shetty 7. Power to call for further particulars and to require alteration of name (1) The Registrar may call for further information …….. 8. Registration - … on being satisfied … complied with all the requirements 9. Certificate of Registration 10. Cancellation of Registration - 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 such manner as may be prescribed, or (b) If the Registrar is satisfied that the certificate has been obtained by fraud or mistake, …. 11. Appeal - (1) Any person aggrieved by any refusal of the Registrar 12. Registered office - All communications and notice to a registered Trade Union may be addressed to its registered office. Notice of any change …. 13. Incorporation of registered Trade Unions - …. shall be a body corporate ….common seal with power to acquire and hold both movable and immovable… 14. Certain Acts not to apply to registered Trade Unions - The following Act, namely - (a) The Societies Registration At, 1863. (b) The co-operative Societies Act, 1912. And 9 (c) [(Note: See now the Companies Act, 1957 (1 of 1956), vide Act (42 of 1960)
    • 15. OBJECTS ON WHICH GENERAL FUNDS MAY BE SPENT - THE Lohith Shetty (a) The payment of salaries, allowances and expenses …. "officers" (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 prosecution of defense of any legal proceeding … Trade Union / member… (d) Thee conduct of trade disputes … Trade Union or any member thereof;….. (e) The compensation of members for loss arising out of trade disputes; (f) Allowance to members or their dependants on account of death, old age, sickness, 10
    • Lohith Shetty (g) The issue of or the undertaking of liability under policies of assurance on the lives for 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 dependants of members; (i) The upkeep of a periodical published for information & guidlines….. (j) ……., of contributions to any cause intended to benefit workmen in general… during that year be in excess of one-fourth of combined total of the gross income (k) Subject to any conditions contained in the 11
    • 16. CONSTITUTION OF A SEPARATE FUND FOR POLITICAL PURPOSES - ( Lohith Shetty 1)…. for the promotion of the civic and political interest of its members, … (2) The objects referred to in sub-section (1) are:(a) …. incurred, either directly or indirectly, ….for election as a member of any legislative body constituted under [Note: Deleted by Act 42 of 1960] ….. (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 [Note: Deleted by Act 42 of 1960] (d) The registration of electors or the selection of a candidate for any legislative body constituted under [Inserted by Act No.51 of 1970] 12
    • Lohith Shetty (e) The holding of political meetings of any kind or the distribution of political literature or political documents of any kind. (3) No member shall be compelled to contribute to the fund constituted under sub-section (2), and a member who does not contribute to the said fund shall not be excluded from any benefits of the Trade Union (e) The holding of political meetings of any kind or the distribution of political literature or political documents of any kind.(3) No member shall be compelled to contribute to the fund constituted under sub-section (2), and a member who does not contribute to the said fund shall not be excluded from any benefits of13
    • 21A. DISQUALIFICATION OF OFFICE BEARERS OF TRADE UNION Lohith Shetty (1) if(i) He has not attained the age of eighteen years; (ii) He has been convicted by a Court in India 22. Proportion of office-bearers to be concerned with the industry - Not less than one half of the total number of the ….. (appropriate Government) may... 23. Change of name - Any registered Trade Union may, with the consent of not less than two-thirds of the total number of its members and subject to the provisions of Section 25 change its name. 24. Amalgamation of Trade Union - ….at least onehalf 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. 14
    • Lohith Shetty 25. Notice of change of name or amalgamations - (1) Notice in writing by the Secretary an dby seven members shall be sent to the Registrar, … (2) If the proposed name is identical with any other existing Trade Union … (3) shall register change if he is satisfied …. 26. Effects of change in name and of amalgamation - (1) …one name may be continued or commenced by or against it by its new name. (2) …. not prejudice any right of TU or of a creditor or any of them. 27. 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 15
    • Lohith Shetty (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. 20. Right to inspect books of Trade Union - …. By members…. 21. Rights of minors to membership of Trade Union - .. attained 15 years … 28. Returns Regulations : 29. Power to make regulations 30. Publication of regulations Penalties and procedure 31. Failure to submit returns 32. Supplying false information regarding Trade Union 16 33. Cognizance of offence - …..