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    Ir  acts Ir acts Document Transcript

    • INDUSTRIAL LAWS IN INDIA1. The Industrial Disputes Act, 19472. The Factories Act, 19483. The Trade Unions Act, 19264. The Minimum Wages Act, 19485. The Payment of Wages Act, 19366. Industrial Employment (Standing Orders) Act, 19467. The Payment of Bonus Act, 19658. The Equal Remuneration Act, 19769. The Workmen’s Compensation Act, 192310. The Maternity Benefit Act, 196111. The Employees State Insurance Act, 194812. The Payment of Gratuity Act, 197213. The Employees P.F & Misc. Provision Act, 195214. The Apprentices Act, 196115. Employment Exchange (Compulsory Notification of Vacancies) Act, 1959
    • INDUSTRIAL DISPUTES ACT, 1947As per section 2 (k) of Industrial Disputes Act1947, Industrial Dispute is defined as anydispute or difference between employers and employers or between employers andworkmen or between workmen and workmen which is connected with the employment ornon-employment or the terms employment or with the condition of labour of any personOBJECTIVES1. Promotion of measures for securing and preserving amity and good relationbetween the employers and workers2. Investigation and settlement of industrial disputes3. Prevention of illegal strikes and lock–outs4. Relief to workmen in the matter of lay–off and retrenchment5. Promotion of collective bargaining6. Ameliorate the condition of workmenFEATURES1. This act extends to the whole of India including the state of Jammu and Kashmir2. It encourages arbitration over the disputes between employers and employees3. It provides for setting up of works committees as machinery for mutualconsultation between employers and employees to promote cordial relation4. This Act paved the way for setting up permanent conciliation machinery atvarious stages having definite time limits for conciliation and arbitration5. This Act emphasis on compulsory adjudication besides conciliation andvoluntary arbitration of Industrial Disputes6. The Act empower the Government to make reference of the dispute to anappropriate authority ie, Labour court, Industrial tribunal and National tribunaldepending upon the nature of the dispute either on its own or on the request ofthe parties7. The right to strike by the workers and lock–out by the employees has beensubjected to the restriction as laid down in the ActThe act prohibits strikes and lock–outs during the pendening of conciliation andarbitration proceedings and in public utility service and it empowers governmentto take adequate action
    • Terms under Industrial Disputes Act, 1947APPROPRIATE GOVERNMENT – Sec 2 (a)Refers to Central Government/State GovernmentARBITRATOR – Sec2 (aa)Referred as an umpire.It means any person who is appointed to determine differences and disputes between twoparties.WAGES – Sec 2(rr)It means all remuneration capable of being expressed in terms of money, if the term ofemployment were fulfilled, be payable to a workman in respect of his employment or ofwork done in such employment.Payments included in wages1. Dearness allowance.2. Value of any house accommodation of supply of light, water, medicalattendance, concessional supply of food grain3. Travelling concessions4. Any commission payable on the promotion of sales or business or bothPayments excluded from the definition of wages1. Bonus2. Any contribution paid or payable by the employee to any pension fund orprovident fund3. Any gratuity payable on the termination of serviceINDUSTRY- Sec 2(i)Industry means any systematic activity carried on by co-operation between an employerand his workmen whether such work men are employed by such employee directly or byor through any agency including a contractor for the production, supply or distribution ofgoods or services with a view to satisfy human wants or wishes with a motive to makeany gain or profit; not merely spiritual or religious.Activities which doesn’t come under the category of industry1. Any agricultural operation except where such agricultural operation is carried on in anintegrated manner with any other activity2. Hospitals or Dispensaries3. Educational, scientific, research or training institution
    • 4. Institution owned or managed by organization engaged in charitable, social services5. Khadi or village industries6. Any activity of the government relatable to the sovereign function of the Governmentincluding activities related to defence, research, atomic energy etc7. Any domestic service8. Any activity being a profession practiced by an individual or body of individualswhich is less than ten in number9. Any activity carried on by a co-operative societyWORKMEN - Sec 2(s)Means any person including an apprentice employed in any industry to do any manual,unskilled, skilled, technical, operational, clerical or supervisory work for hire or rewardthe terms of employment be express or implied and there should be a contractualrelationship between master and servantINDUSTRIAL ESTABLISHMENT- Sec 2(ka)Means an establishment or undertaking in which industry is carried onPUBLIC UTILITY SERVICE- Sec 2(n)Means any industry specified in the First Schedule of Industrial Disputes Act, 1947, canbe declared as Public Utility Service by government through a notification in the officialGazette for a fixed period (not more than six month for the first instance)Industries which may be declared to be Public Utility Service (First Schedule)1. Transport for the carriage of passengers or goods by land or water.2. Banking3. Cement4. Coal5. Cotton Textiles6. Food tuffs7. Iron and steel8. Defence establishments9. Service in hospitals and dispensaries10. Fire brigade service11. Indian security press.12. Copper, Led, Zinc, Pyrites, Phosphosite, Magnesite and Iron Ore mining13. Service in any Oil field14. Service in the Uranium Industry15. Security Paper mill, Hoshangabad16. Currency Note press17. Manufacture or production of oils18. Service in the International Airport Authority of India19. Service in Bank Note press, Dewas.
    • SETTLEMENT – Sec 2(p)MeansA written agreement between the employer and workmen arrived in the course ofconciliation proceeding provided;Such agreement has been signed by the parties there to in the manner prescribedA copy has been sent to an officer authorized by the appropriate government and theconciliation officer.Authorities under Industrial Dispute Act, 19471. Works Committee (Sec 3)2. Conciliation Officers (Sec 4)3. Board of Conciliation (Sec 5)4. Court of Inquiry (Sec 6)5. Labour Court (Sec 7)6. Industrial Tribunal (Sec7-A)7. National Tribunal (Sec7-B)1. WORKS COMMITTEE (Sec-3)* Constituted based on appropriate Government order* Applicable to industrial establishment in which 100 or more workmen areemployed on any day in the preceeding 12 months* Consists of representatives of employees and workmen engaged in theestablishment.* Number of workmen representatives shall not be less than the number ofemployer’s representatives* Representatives of workmen are selected in consultation with Trade union
    • DUTIES1. To promote measures for securing and preserving amity and goodrelations between the employer and the workmen2. To comment upon matters of their common interest or concern.The recommendations of the works committee are not binding and are purely of advisoryof nature2. CONCILIATION OFFICERS (Sec 4)• The appropriate government, by notification in the official Gazetteappoints a specific number of persons as it think fit to be as conciliationofficers• Conciliation officer may be appointed for a specified area or forspecified industries in specified area either as permanent or for a limitedperiod• A conciliation officer shall be deemed to be as a public servant as perSec. 21 of Indian penal code 1860DUTIES1. When any industrial disputes exist, the conciliation officer should hold conciliationproceedings in a prescribed manner without delay to have right settlement.2. Whether settlement is reached or not, the conciliation officer must submit the reportwithin 14 days of the commencement of the conciliation proceedings or within thedate fixed by the appropriate government3. If the report submitted in satisfied to the appropriate Government, it may or may notrefer the dispute to any authority under the Act. If the Government is not making anyreference, it should record and communicate the reason to the contending parties4. The duty of a conciliation officer is administrative and not judicial3. BOARD OF CONCILIATION (Sec5)• The appropriate Government by a notification in the official Gazetteconstitutes a Board of Conciliation for promoting the settlement of anindustrial dispute• The Board consists of a Chairman and two or four other members, as theappropriate government thinks fit
    • • The Chairman shall be an independent person; unconnected with thedispute• The other members shall be persons appointed in equal number torepresent the parties to the dispute• The person appointed to represent a party shall be appointed on therecommendation of the party• The appropriate Government appoints a fit person as it thinks, if anyparty fails to make a recommendation within a prescribed period• A Board of Conciliation can act only when a dispute is referred to it bythe GovernmentDUTIES1. When a dispute has been referred to a Board, it will investigate the matteraffecting the merits and right settlement of the dispute without delay2. Whether settlement is reached or not, the Board must submit the report withintwo months of the date on which the dispute was referred to it or within ashorter period fixed by the appropriate Government3. If no settlement is arrived, the Government may refer the dispute to the labourcourt, Industrial Tribunal or National Tribunal. If the Government is notmaking any reference, it should record and communicate the reason to thecontending parties.4. The time for submission of report may be extended by such period as may beagreed to in writing by all the parties to the disputes5. The report of the Board shall be in writing and shall be signed by all themembers of the Board. Members of the board can record note of dissent onthe report6. The report submitted shall be published by the appropriate Governmentwithin 30 days from the receipt7. A Board of Conciliation can only try to bring about a settlement. It has nopower to impose settlement on the parties to the dispute
    • 4. COURT OF INQUIRY (Sec 6)• The appropriate Government, by notification in the official Gazette,constitutes a Court of Inquiry in to any matter relevant to an Industrialdispute• A Court of Inquiry consists of one independent person or of number ofindependent persons as the appropriate Government may think fit• Court of Inquiry consists of two or more members, one of them shall beappointed as Chairman• The Court of Inquiry can act under a prescribed quorum; even at theabsence of Chairman• If the service of the chairman is ceased by the Government throughnotification, the court shall not act until a new chairman has beenappointed• All members of the court shall be deemed to be public servants underSec 21 of the Indian penal code 1860• Every inquiry by a court shall be deemed to be judicial proceeding• A Court of Inquiry has same powers as a civil court under the Code ofCivil Procedure 1908• The court has the right to appoint one or more persons having specialknowledge of the matter of the dispute as an advisorDUTIES1. A Court shall inquire into the matters referred to it and report to the appropriategovernment within a period of 6 months from the commencement of the inquiry2. The report of the court shall be in writing and signed by all the members of thecourt. Members are free to record their dissent3. The report submitted shall be published within a period of 30 days of its receiptby the GovernmentCourt of Enquiry is a fact finding body and is not required to make recommendation forthe settlement of an industrial dispute. It has no power to impose any settlement uponthe parties
    • 5. LABOUR COURT (Sec 7)• The appropriate Government, by notification in the Official Gazetteconstitutes one or more labour courts for adjudication of industrial disputesrelating to a matter in the Second ScheduleMatter specified in the Second Schedule1. The propriety or legality of an order passed by an employer under the standingorders2. The application and interpretation of standing orders3. Discharge or dismissal of workmen including reinstatement of, grant of relief to,workmen wrongfully dismissed4. Withdrawal of any customary concession or privilege5. Illegality of a strike or lock–out• A labour court consists of one person only to be appointed by theappropriate Government• A person shall not be qualified for appointment as presiding officer of alabour court unlessa) He is / has been a Judge of a High Courtb) He has been as a District Judge /Additional District Judge for a periodnot less than three yearsc) He has held any judicial office in India for not less than seven years• No person shall be appointed / continue in office of the presiding officerof a labour court ifi. He is not an independent personii. He has attained the age of 65 yearsDUTIES1. Adjudicate upon the industrial disputes relating to any matter specified in theSecond Schedule2. When an industrial dispute has been referred to a labour Court for adjudication,within the specified period, it should submit award to the appropriate Government3. It shall be published in such manner as the appropriate Government thinks fit withina period of 30 days from the date of its receipt by the appropriate Government
    • 6. INDUSTRIAL TRIBUNAL (Sec7-A)• The appropriate Government by notification in the official Gazette ,constitute one or more industrial tribunals for the adjudication of industrialdisputes relating to any matter specified in Second or Third ScheduleMatters specified in Third Schedule1. Wages, including the period and mode of payment2. Compensatory and other allowances3. Hours of work and rest intervals4. Leave with wages and holidays5. Bonus, Profit sharing, Provident fund and Gratuity6. Shift working7. Classification by grades8. Rules of discipline9. Rationalisation8. Retrenchment of workmen10. Closure of establishment• The Tribunal consists of one person to be appointed by the appropriateGovernment• A person shall not be qualified for appointment as the presiding officer of anIndustrial Tribunal unlessa) He is/ has been a Judge of a High Courtb) He has been a District Judge / Additional District Judge for a period ofthree years• No person shall be appointed to or continue in office of a presiding officer ifa) He is not an independent person.b) He has attained the age of 65 years.DUTIES1. It shall submit its award to the appropriate Government within a specified period ifan industrial dispute is referred to an Industrial Tribunal2. The award shall be in writing and shall be signed by its presiding officer3. The award shall be published by the appropriate government within a period of 30days in a manner as the appropriate government thinks fit
    • 4. As it is a quasi – judicial body, it must serve notice upon the parties to the referenceby name before making any awardThe appropriate government may interfere in the industrial dispute even after it isreferred to the Industrial Tribunal under following grounds There is a lack of good faith There is a victimisation or unfair labour practice The finding is completely baseless7. NATIONAL TRIBUNAL (Sec7-B)• The Central government ,by notification in the official Gazette constitute oneor more National Industrial Tribunals for the adjudication of industrial disputes:a) Involving questions of national importanceb) Which are of such a nature that industries are more than one state arelikely to be interested in, or affected by, such disputesc) Matters appearing in Second and Third schedule• A National Tribunal consists of one person to be appointed by CentralGovernment• A person shall not be qualified for appointment as a presiding officer of aNational Tribunal unless he is / has been a Judge of High Court• No person shall be appointed to ,or continue in the office of the presidingofficer of a National Tribunal ifa) He is not an independent personb) He has attained the age of 65 years• The Central Government can appoint two persons as assesors to advice theNational Tribunal in the proceedings.DUTIES1. When an industrial dispute is referred to the National Tribunal foradjudication, it shall submit its award to the appropriate government2. The award shall be in writing and shall be signed by the presiding officer of theNational Tribunal3. It shall publish the award within a period of 30 days from the date of its receiptby Central Government
    • INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946• Replacement of Industrial employment contracts, 1944.• This Act defines condition of employment and to make them known toworkmen so that arbitrariness could be eliminated from the workplace.Features1. Defining conditions of employment and to make these known to the workmenconcerned2. Regulating standards of conduct of employers and employees and to improveworkplace relation3. Maintenance of proper discipline and detailing the principles and procedures for this4. Provision of grievance redressal arising out of unfair treatment5. Provision of statutory sanctity to standing orders6. Clarifying misconductMatters that are expected to be included in standing ordersa. Classification of employees into permanent, temporary, probationer,trainee, casual, badly etcb. Workmen’s registers, cards, ticketsc. Periods of work, shifts, holidays, hours of workd. Pay days, Wage ratee. Entrance, exits, procedures during entrance and exit, attendance and latecomingf. Temporary stoppages, Maintenance schedules.g. Close and reopening of entire establishment and procedures during suchClosureh. Procedures for application for leavei. Procedures for termination of employment and notice by employer andemployeej. Acts or omission which constitutes misconduct.k. Procedures of redressal of grievances.
    • l. Procedures for suspension, dismissal, discharge.• The Act provides for the submission of draft standing orders by the employer andthe procedure of certification to the certifying Officer (Labour Commissioner /Regional Labour Commissioner)• Procedures are also laid down for the amendment or modification of the Standingorders• Framing the rules of employment and validing it can be treated in the process ofcertification• The process of certification eliminates unilaterism on the part of the employer, forthe certifying officer must send the draft rules (submitted by the employer) forapproval by the unions /workmen concerned• Once the rules are certified, the employer has the obligation of making themnoticeable in the language under stood by the workmen and displays them inprominent location in the work place• Any person aggrieved by the order of the certifying offer can appeal to theconcerned appellate authorityThe Appellate authority send copies of the appeal decision to the certifyingofficer, employer, trade Union, within seven days of the receiptThe Appellate authority has no power to set aside the order of the certifyingofficer. It can only confirm or amend the standing order• Standing order comes into operation on the expiry of 30 days from the date oforder issued or on the expiry of seven days from the date on which the copies ofthe order of appellate authority are sent• The conduct of discipline in the workplace could be guided and subject to theserules and both employer and employee may be fined or punished for violation
    • TRADE UNION ACT, 1926.BackgroundUntil the beginning of the 20thcentury trade unions were considered as unlawfulassociations in most of the countries of the world including India.In 1920, the Madras High Court in a suit filed against the officials of the Madras Textilelabour union by Binny & company granted an injunction restraining the union officialsfrom influencing the workmen to break their contracts with the employers by refining toreturns to work. The leaders of the trade unions were prosecuted and imprisoned forbonafide trade union activities. In order to protect trade union activity Indian TradeUnion Act, 1926 was enacted. The Act was amended in 1929, 1942, 1951, 1960, 1964,1970, &1974. The amending Act of 1974 deleted the word “Indian” from the title of theAct.OBJECT.To provide for the registration of trade unions and to define law relating to registeredtrade unions.APPLICABILITYIt extends to the whole of India.FEATURES OF THE ACT1. It provides for the registration of trade unions with the Registrar of the Trade Unions.2. It provides that every registered trade union shall be a body corporate and shall haveperpetual succession and a common seal.3. It lays down• The rights and liabilities of registered trade unions.• Objects on which general finds of trade unions may be spent.• Constitution of a separate fund for political purposes, etc.4. It provides to the registered trade union or any of its office - bearers or members,immunity from civil suits in certain cases.5. It provides that certain Acts shall not apply to registered trade unions which include
    • • The Societies Registration Act, 1860.• The Corporate Societies Act, 1912.• The Companies Act, 1956.Registrar –section 2 (f)Registrar means: A registrar of Trade Unions appointed by the appropriate governmentand includes any Additional or Deputy Registrar of Trade Unions.TRADE UNIONSIt means any combination whether temporary or permanent formed primarily for thepurpose of regulating the relations between workmen and employers for imposingrestrictive conditions on the conduct of any trade or business, and includes any federationof two or more trade unions.MODE OF REGISTRATION.Any seven or more members of a trade union may apply for registration of a trade unionin Form- A to the Registrar appointed for the area. The application shall be accompaniedby Schedule I, Schedule II and a byelaw and a resolution authorizing seven ordinarymembers of the union to make an application for registration of the union, and treasurychalan of Rs.100 remitted as registration fee .(section 4 and 5 with Regulation: 3 &5 )REGISTRATION CERTIFICATEOn receipt of the application for registration , the Registrar, after making reasonableenquiry issue a Registration Certificate in Form –B (section 8 & with Regulation 6)CANCELLATION OF REGISTRATIONA certificate of Registration may be withdrawn or cancelled by the Registrar.1.On an application of a Trade Union in Form –D ,or2. If the Registrar is satisfied that the certificate is obtained by fraud of mistake or thatthe trade had ceased to exist or willfully and after notice from the Registrar contraventany provisions of the Act or rules etc (section 10 with Regulations 8 to 12)APPEALAny person aggrieved by any order of the Registrar may appeal within two months to theCivil Court not inferior to the court of an Additional or Assistant Principal Civil Court.(Section 11 with Regulation 13)
    • CHANGE OF NAMEAny registered trade union may with consent of not less than 2/3 of its total membersmay make application in Form –H, for the change of its name (Section -23 withRegulation-16).AMALGAMATION OF TRADE UNIONS.Any two or more registered trade unions may become amalgamated together as onetrade union provided the votes of at least one half of the members of each or every suchtrade union entitled to vote and at least 60% of the votes recorded are in favour of theproposal. Notice of the amalgamation shall be sent to the Registrar in duplicate in form –J (section 24 to 26 with Regulation 18)DISSOLUTIONWhen a registered trade union is dissolved the notice of dissolution shall be sent to theRegistrar in form – K, within 14 days of the dissolution along with the registrationcertificate (section 27 with Regulation 19)ANNUAL RETURNSEvery trade union shall send annual returns to the Registrar in triplicate on or before the1stday of May of the year succeeding the calendar year in Form-L in the case ofindividual trade unions and in Form-LL in the case of federation of trade unions(Section28 with Regulation 21)PENALITIESOffences punishable for the failure to submit returns may extend to Rs.5 and in the caseof continuing default with an additional fine which may extend to Rs.5 for each week andshall not exceed Rs.50. 00. Any person who willfully makes, or causes to be made anyfalse entry or any omission from the general statement required by Section 28 etc. shallbe punishable which may extend to Rs.500 Registered trade unions, furnishing falseinformation , shall be punishable with fine which may extend to Rs.200 (Section31)WHO CAN FILE PROSECUTIONS.1. Registrar2. Persons with the previous sanction of the registrar.3. Aggrieved person under section 32
    • The complaint shall be filed within six months of the date on which the offence isalleged to have been committed.No court inferior to that of a Presidency Magistrate or a Magistrate of First Class shalltry any offence under the Act.AUTHORITIES UNDER THE ACT1. Registrar of Trade Unions (under section – 3)Labour Commissioner2. Additional Registrar of Trade UnionsAdditional Labour Commissioner3. Deputy Registrar of Trade UnionsJoint Labour Commissioner.PRIVILEGES OF A REGISTERED TRADE UNIONSection 17 – 21 of the Act provide for the following privileges to a registered tradeunion.1. Immunity from Criminal Prosecution (section 17)No office bearer or member of a registered Trade Union shall be liable to punishmentfor criminal conspiracy in respect of any agreement made between members for thepurpose of furthering any of its objects unless the agreement is an agreement to commitan offence. In other words, if the agreement is for doing an act which is an offence , noimmunity can be claimed.Section 120B(2) of the Indian Penal code provides for punishment for the offencecriminal conspiracy. Section 17 of the Trade Unions Act gives immunity to members andoffice bearers of registered trade unions from criminal conspiracy in connection withtrade disputes.Registered trade unions enjoys certain rights in furtherance of their trade disputes, eg.,right to go on strike and for that purpose to persuade their members to abstain from work.2.Immunity from Civil Suit (Section 18)This section deals with the immunity from civil proceedings in certain cases, affordedto a registered trade union or its office bearers or members. It lays down that no suit orother legal proceeding shall be maintainable in any Civil Court against any registeredtrade union or any office bearer member thereof in respect of any act done incontemplation or furtherance of a trade dispute to which a member of the trade union is aparty on the ground only that such act induces some other person to break a contract ofemployement,or that it is 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 labouras he wills.(Section 18(1))A registered trade union shall not be liable to a suit or other legal proceeding inany Civil Court in respect of any tortuous act done in contemplation or furtherance of atrade dispute by an agent of the trade union if it is proved that such person acted withoutthe knowledge of ,or contrary to express instructions given by ,the executive of the tradeunion – Section 18(2) .3.Immunity from Tortious LiabilityA registered trade union shall not be labile in any suit or other legal proceeding in anyCivil Court in respect of any tortuous act done in contemplation of furtherance of a tradedispute by an agent of the trade union if it is proved that such person acted without theknowledge of, or contrary to express instructions given by, an executive of the tradeunion. This provision extends protection to an agent of the trade union from tortuousliability if the acts are done by him in contemplation or in furtherance of trade dispute orprocuring a breach of contract. It is to be noted that the breach should be of contract ofemployment and there should be no unlawful act like defamation, coercion etc.4. Enforceability of Agreements (section 19)An agreement between the members of a registered trade union shall not be void orvoidable merely by reason of the fact that any of the objects of the agreement is inrestraint of trade. But this shall not enable any civil court to entertain any legalproceeding instituted for the express purpose of enforcing or recovering damages for thebreach of any agreement concerning the conditions on which any members of a tradeunion shall or shall not sell their goods, transact business, work employ or be employed.5. Right to Inspect Books of Trade UnionThe account books of a registered trade union and the list of the members thereofshall be open to inspection by an office – bearer or member of the trade union at suchtime as may be provided for in the rules of the trade union .6. Right of Minors to Membership of Trade Unions (Section-21)Any person who has attained the age of 15 years may be a member of a registeredtrade union subject to any rules of the trade union to the contrary , and may, subject asaforesaid , enjoy all the rights of the member and execute all the instruments and give allacquittances necessary to be executed or given under the rules.Although a person may become a member of the trade union on attaining the age of15years, he cannot become an office bearer of the Trade Union until he attains the age of18 years as required by Section 21A of the Act
    • RIGHTS AND PRIVILAGES OF A TRADE UNIONThe rights and privileges of a registered trade union include;a) It is a body corporate ,b) It can keep separate fund for political purposesc) It enjoys immunity from criminal conspiracyd) It enjoys immunity from civil suitse) An agreement between the members of a registered trade union not toaccept employment is valid ( not void being agreement in restraint oftrade)f) It has a right to amalgamate to form a larger union or federation ofunionsg) Members of the union have a right to inspect its booksh) Any person who has attained the age of 15 years can become a memberof the union.FUNDS OF THE TRADE UNIONGeneral FundSection 15 of the Act provides certain restraints against expenditure out of thegeneral funds of a registered trade union. It lays down that the general fund of aregistered Trade Union shall not be spent on any other objects than the following,namely:1. The payment of salaries , allowances and expenses to office- bearers of the TradeUnions;2. The payment of expenses for the administration of the Trade Union , includingaudit of the accounts of the general funds of the Trade Union;3. The prosecution or defence of any legal proceeding to which the Trade Union orany member thereof is a party, when such prosecution of defence is undertakenfor the purpose of securing or protecting any rights of the Trade Union as such orany rights arising out of the relations of any member with his employer or with aperson whom the member employs;4. The conduct of trade disputes on behalf of the Trade Union or any memberthereof ;5. The compensation of members for loss arising out of trade disputes;6. Allowances to members for loss arising out of trade dispute;7. The issue of , or the undertaking of liability under , policies of the assurance onthe lives of member or (under) policies insuring members against sickness,accident or unemployment;
    • 8. The provision of education, social or religious benefits for members (includingpayment of the expenses of funeral or religious ceremonies for deceasedmember) or for the dependence of members.Fund for Political Purpose (Section 16)A registered Trade Union may constitute a separate fund, from contributionsseparately levied for or made to that fund, from which payments may be made for thepromotion of the civic and political interest of its members, in furtherance of any of theobjects specified below:1. The payment of any expenses incurred , either directly or indirectly by acandidate or prospective candidate for election as a member of any legislativebody constituted under the constitution or of any local authority, before ,during, or after the election in connection with his candidature or election; or2. The holding of any meeting or the distribution of any literature or documentsin support of any such candidate or prospective candidate; or3. The maintenance of any person who is a member of any legislative bodyconstituted under the constitution or for any local authority ; or4. The registration of electors or the selection of a candidate for any legislativebody constituted under the constitution or of any local authority; or5. The holding of political meetings of any kind, or the distribution of politicalliterature or political documents of any kind.