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The trade unions act,1926
 

The trade unions act,1926

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  • 2nd point-> the officials of trade union aws blamed that they are influencing the workmen to break their contracts with the employers by refusing to return to work. <br />
  • “Body corporate” means a succession or collection of persons having in the estimation of the law in existence and rights and duties distinct from those of the individual persons who form it from time to time: Saloman V. Saloman & Co. Ltd. 1897 AC 22. <br />
  • " Amalgamation" means and implies at least two societies which can be merged with each other. The mere change of name of a particular society cannot be held to mean or to result in amalgamation; The Banis Co-op. Thrift & Agricultural Credit Society Ltd. v. State of Punjab. 1979 Rev LR 254 (DB). <br /> (ii) On merger or association the Trade Union and its office-bearers do not lose their identity; Rattan Kumar Dey v. Union of India, (1991) 63 FLR 463 (Gau.). <br />

The trade unions act,1926 The trade unions act,1926 Presentation Transcript

  • OBJECTIVE: Registration of TU -Conditions -Obligations -rights and Liabilities 1
  • Prior to 20th century, trade union activities were considered unlawful. In 1920, Madras, the leaders of trade union of binny & co. were imprisoned for bonafide trade union activities. Therefore, to protect them, Trade union Act 1926 was enacted and came into force with effect from 1st June, 1927. Apply to only those unions registered under it. Act extends to the whole of India except the State of Jammu & Kashmir. 2
  • Registration of trade unions with the registrar of Trade Unions. Registered trade union shall be a body corporate and shall have perpetual succession and a common seal. It lays down:-rights and Liabilities -Objects on which general funds of trade unions may be spent Immunity from civil suits in certain cases Acts not applicable to registered trade unions: -The Societies Registration Act,1860 -The Cooperative Societies Act,1912 -The companies Act,1956 3
  • Any “combination”(and not associations) whether temporary or permanent. Purpose is to regulate relations between: -workmen and employers; -workmen and workmen; or -employers and employers 4
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  • CHAPTERS CONTENTS SECTIONS I Title, extent & commencement of the act along with important definitions 1 and 2 II Registration of TU 3 to 14 III Rights & Liabilities of registered trade unions, Amalgamation and Dissolution of TU 15 to 28 IV Powers to make regulations & its publications 29 and 30 V Consequence of failure to submit Returns,False Information regarding TU 31 to 33 6
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  • 1) Appointment of registrars(Sec. 3) -Appointed by “appropriate Government” - appropriate Government can also appoint as many additional and Deputy Registrars of trade unions. -But limits will be defined by Registrar 2) Mode of registration(Sec. 4) -Any 7 or more members of Trade Union can subscribe to the charter of TU by application and complying with the provisions of this Act. Cease to be a member Registration is invalid Cease to be a member Registration is valid 8
  • 3) Application for Registration(Sec. 5) -Application for registration of TU shall be made to Registrar in comply with Rules and statement of following particulars: er mb is e y m h TU An hic d o w truste t en 9
  • 4) Provisions to be contained in the Rules of Trade Unions(Sec. 6) - Name of TU Whole of the purpose for which the general funds of the TU shall be applicable. Conditions underbenefit entitled to members list of members of TU and their inspection Whole of the objects for which the TU has been established. Payment of Manner for 25 subscriptionevery appointment and removal of paise/month/mem office-Bearer/ ber Dissolve of TU admission of ordinary members(employee) to whome TU is connected & the number of temporary members as office-beares(forms the executive of TU) Manner of Annual Audit of the account 10 books
  • 5) Power to call for further particulars and to require alterations of names(Sec. 7) If TU is proposed to be registered is identical with that by which any other existing shall refuse to register TU until such alteration has been made. 11
  • 6) Registration(Sec. 8) Registrar, on being satisfied that the TU has complied with all the requirements of this Act in regard to registration, shall register the TU within a period of 60 days from the date of such compliance. 7) Certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act. 12
  • by the Registrar - on the application of the TU - certificate has been obtained by fraud or mistake - TU has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act Provided that not less than 2 months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union 13
  • Appeal to the high court by any person aggrieved by any:-Refusal to register a TU by Registrar :-Withdrawn or Cancellation of a certificate Appeal within 60 days of the date on which the registrar passed the order. The appellate court may: 14
  • AII communications and notices to a registered TU 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 referred to in sec. 8, 15
  • Reg. TU becomes a legal entity distinct from its members. BODY CORPORATE COMMON SEAL PERPETUAL SUCCESSION “Body corporate” means a succession rights and duties distinct from those of the individual persons 16
  • Objects on which general funds may be spent Constitution of a separate fund for political purposes Criminal conspiracy in trade disputes Immunity from civil suit in certain cases Enforceability of agreements Right to inspect books of Trade Union Rights of minors to membership of Trade Unions 17
  • Change of name:-consent of not less than two thirds of the total number of its members and subject to the provisions of section 25 Amalgamation of Trade Unions:-with or without dissolution or division of the funds of such Trade Unions,provided that:- 18
  • Notice of change of name or amalgamation In writing & signed by secretary & 7 members of TU Name Existing? change of name & Amalgamation shall have effect from the date of such registration. 19
  • notice of the dissolution signed by 7 members and by the Secretary of the TU shall, within 14 days of the dissolution be sent to the Registrar, in accordance with the rules of the TU, and the dissolution shall have effect from the date of such registration. the Registrar shall divide the funds amongst the members as per the rules or as may be prescribed. 20
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