2. OBJECTIVES OF TRADE
UNIONS
O To improve condition of work, life and status of
the workers in industry and society.
O To secure a living wage for every worker in
normal employment and bring about a
progressive improvement in his standard of
life.
O To regulate hours and other conditions of
work.
O Laying down obligations of a registered trade
union.
O Fixing rights and liabilities of registered trade
unions.
3. Applicability of the Act
O Extends to the whole of India. Applies to unions of
workers and also associations of employers.
O Does not apply to registered trade union of
O Societies Registration Act, 1860
O Co-operative Societies Act, 1912
O The Companies Act, 1956.
O The respective registrars are appointed by both the
State and the Central Government.
4. Definitions Under The Act
O Executive
O Office – Bearer
O Registered Office
O Registrar of Trade Union
O Trade Dispute
O Workmen
O Trade Union
5. General Scheme of the Act.
33 sections and 5 chapters.
O Chapter 1 deals with the title, extent and
commencement of the Act, along with important
definitions (Sec 1 & 2).
O Chapter 2 discusses the various aspects of
registration of trade unions, appointment of
registrars, mode of registration, submission of
application for registration, making appeals..
(Sec 3-14).
6. O Chapter 3 describes the rights and
liabilities of registered trade unions (Sec
15-28)
O Chapter 4 deals with powers to make
regulations (Sec 29 & 30).
O Chapter 5 deals with consequence of
failure to submit returns (Sec 31 - 33).
8. SECTION4:MODE OF
REGISTRATION
O Minimum 10% of the workmen employed in
an industry or an establishment where the
trade union is proposed to function or 100
workmen, whichever is less.
–by subscribing their names to the rules of the
Trade Union.
–and by complying with the provisions of this
Act with respect to registration.
9. Section5:Application of Registration
O Application for registration of a Trade Union shall
be made to the Registrar and shall be accompanied
by:
–copy of the rules of the Trade Union
–statement of the following particulars, namely:-
• The names, occupations and addresses of the
members making the application.
• The name of the Trade Union and the addresses of
the occupations of the office-bearers of the trade
union.
• General statements of assets and liabilities of the
union may be required.
10. Section6:Provision to be
Contained in the Rules
OEvery registered trade union is required
to have written rules dealing with
certain matters specified in Schedule II
of the Central Trade Unions
Regulation,1938.
11. Section 7:Power to ask for
alteration of name and further
clarification
OThe Registrar of trade union is
empowered to ask the union to alter its
name, if it is identical with that of the
any registered union.
12. Section 8:Registration
OThe Registrar on being satisfied that the
trade union has complied with all the
requirements of the Act in regard to
registration, will register the trade union
within in a period of sixty days from the
date of such compliance, by recording
its particulars in a register.
13. Section 9:Certification of
Registration
OThe Certification of Registration is
issued by the Registrar of Trade
Union on registering a trade union
which shall be conclusive evidence
that the trade union has been duly
registered under this Act.
14. Section 10 : Cancellation of
Registration
OAs a registration certificate is issued by
the Registrar of Trade Unions, it may
also be withdrawn or cancelled by the
registrar.
15. Section 11 :Appeal
OAny person aggrieved by any refusal
for the Registrar to register a trade
union ,or by the withdrawal or
cancellation of a certificate of
registration, may prefer an appeal
within sixty days of the date on which
the Registrar passed the order against
which the appeal is preferred.
16. Re–registration of a trade union
(section 11 and 11A)
O A trade union whose certificate of registration has been
cancelled may apply for re-registration to the registrar
after the expiry of a period of six months from the date
of such cancellation.
17. Registered office and change in it
(section 12)
OAll communications and notices to a
registered trade union may be addressed
to its registered office.
18. Section 13 : Incorporation of
Registered Trade Unions
Every registered Trade Union
a) shall be a body corporate by the name under
which it is registered
b) shall have a perpetual succession and a
common seal with the power to acquire both
movable and immovable property
c) has power to contract and
d) shall by the said name sue and be sued.
19. Section 14 : Acts which do not apply to
Registered Trade Unions
O The Societies Registration Act, 1860
O The Co-operative Societies Act, 1912
O The Companies Act, 1956
20. Section 15: Duties and Liabilities
O A registered trade union is required to
Give notice of change in the address of its
registered office.
Maintain a general fund.
Separate fund for political purposes.
21. Section 16: Maintenance of Political
Fund
O The trade union may constitute separate fund
from contributions and collections.
O This fund can be utilised for the promotion of the
civic or political objectives of its members.
O Can be used for elections of the candidate, or
any other local authority, meeting or distribution
of any literature or documents.
O Maintenance of a person.
O Registration of electors or selection of a
candidate.
O Holding of political meetings.
22. Section 17: Protection from criminal
conspiracy
O This section of the Act protects trade
unionists from criminal conspiracy where
the agreement into which they have
entered is not an agreement to commit an
offence.
O Peaceful strike is permitted.
23. Section 18: No suit or illegal
proceedings
O “No suit or illegal proceedings shall be maintainable
in any civil court against any registered Trade Union
or any office bearer or member thereof in respect of
any act done in contemplation or furtherance of
trade dispute to which a member of a Trade Union
is a party on the ground only that such act induces
some other person to break a contract of
employment or that it is an 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 wills”
24. Section 19: Enforceability of
Agreement
O An agreement between the members of
registered trade union in restraint of trade
shall not be void or voidable.
25. Section 20: Right to inspect
books
O The officer or member of the trade union
has the right to inspect the books the
trade union.
26. Section 21: Right of Minors to
membership
O Person who has attained the age of 15
years, may be a member of the registered
trade union and enjoy all the privileges of
such membership.
27. Section 21 (A): Disqualification of
Office Bearers
O If he has not attained the age of 18 years.
O If he has been convicted by a court of
India of any offence and sentences to
imprisonment, unless a period of 5 years
has elapsed since his release.
O He has been convicted of any offence
under the Industrial Disputes Act. 1947.
28. Section 23: Change of name
O Every registered trade union can change
its name by a resolution passed by two
thirds of members by the union in a
general meeting.
O Registrar must be intimated.
29. Sections: 24 – 27.
Amalgamation and Dissolution of
Trade Union
O Sec 24: Amalgamation – Any two or more
registered trade unions may be amalgamated
as one trade union with or without dissolution
or division of funds, provided that the votes of
atleast one – half of the members of each
trade union entitled to vote are recorded and
that atleast 60 percent of the votes recorded
are in favor of the proposal.
30. O Sec 25: If the Registrar is satisfied, that
the provisions of the Trade Unions Act in
respect of amalgamation have been
compiled with that of the trade union
formed is entitled to registration, he will
register the trade union.
O Sec 26: Change in the name of the
registered trade union shall not affect any
rights or obligations of the trade union.
31. Section 27: Dissolution of
registered Trade Union
O If a registered trade union is dissolved,
notice of the dissolution, signed by 7
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.
32. Section 28: Submission of Returns
O The Trade Union is require to send to the
Registrar, on or before such date as may
be prescribed, a general statement of the
receipts and expenditure of the union
during the year ending December 31 of
the previous year, audited in the
prescribed manner as on March 31.
Till September,
Auditing report can be
completed.
33. Section29 - 30: Power to make
Resolution
O The Trade Unions Act empowers the
appropriate government to make
regulations for the purpose of carrying into
effect the provisions of the Act.
O This delegated power is to be exercised
by the appropriate government without
effecting the general power granted under
the Act.
34. Section 31 - 33: Penalties and
Procedures
O Under this section, the Registrar of the
Trade Unions is empowered to impose
penalty on the trade union for default in
submitting returns or for supply of false
information.
35. Section 31: Failure to submit
Returns
O A) failure to give notice
O B) failure to send any return
O C) failure to send any documents
O Fine of Rs. 25.
O In case of a continuing default, additional
fine extending to Rs. 25 may be imposed for
each week after the first week during which
the default continues.
O But in no case, the total fine shall exceed
Rs. 500.
36. Section 32: Supplying false
information
O Any person with an intent to deceive gives,
O 1) to any member of a registered trade union, or
O 2) to any person including or applying to become a member
of such trade union, or
O 3) any alterations of the rule,
O Which he knows or has a reason to believe that it is not a
correct copy of rules of alteration as are for the time being in
force, shall be punishable with fine which may extend to Rs.
200.
O Fine of Rs. 200, to the person who intents to give a copy of
rules of unregistered trade union to any person.
37. Section 33: Cognizance of Offence
O Any offence under this Act cannot be tried
by a court inferior to that of Metropolitan
Magistrate or a Judicial Magistrate.
