The Trade Unions Act Regt&Cancln

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The Trade Unions Act Regt&Cancln

  1. 1. The Trade Unions Act, 1926 Prepared By: Sajjal Sachdeva PGDM (HR) Roll No. 28 IMI, New Delhi Registration and Cancellation of Trade Unions : Section 3-14
  2. 2. <ul><li>&quot;Trade Union&quot; 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; </li></ul><ul><li>Provided that this Act shall not affect - </li></ul><ul><li>(c) Any agreement between partner to their own business; </li></ul><ul><li>(i) Any agreement between an employer and those employed by him as to such employment; or </li></ul><ul><li>(ii) Any agreement in consideration of the sales of the goodwill of a business or of instruction in any profession, trade or handicraft. </li></ul>Trade Unions Registration & Cancellation of Trade Unions
  3. 3. <ul><li>Trade Union: It means combination whether temporary or permanent formed primarily for the purpose of </li></ul><ul><ul><li>regulating the relations </li></ul></ul><ul><ul><li>for imposing restrictive condition on the conduct of any trade or business, </li></ul></ul><ul><ul><li>can be between workmen and employers or between workmen and workmen, or between employers and employers </li></ul></ul><ul><li>It can include any federation of two or more Trade Unions . </li></ul><ul><li>The Trade Unions Act, 1926 </li></ul><ul><li>The Trade Unions (Amendment) Act, 2001 </li></ul>Trade Unions Registration & Cancellation of Trade Unions
  4. 4. Chapter II: Registration of Trade Unions Registration & Cancellation of Trade Unions
  5. 5. Section 3: Appointment of Registrars <ul><li>(1) [The appropriate Government] shall appoint a person to be the Registrar of Trade Unions for [each] (State)]. </li></ul><ul><li>(2) [Note: The principal section re-numbered as sub-section (1) and sub-section (2) inserted by Act 48 of 1960] The appropriate Government may appoint as many Additional and Deputy Registrars of Trade Unions as it thinks fit for the purpose of exercising and discharging, under the superintendence and direction of the Registrar, such powers and functions of the Registrar under this Act as it may, be order, specify and define the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and function so specified. </li></ul><ul><li>(3) Subject to the provisions of any order under sub-section (2), where an Additional or Deputy Registrar exercises and discharges the powers and function of a Registrar in an area within which the registered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be Registrar in relation to the Trade Union for the purposes of this Act. </li></ul><ul><li>The appropriate Government appoints a person to be the Registrar of Trade Unions for each State. It may also appoint Additional and Deputy Registrars of Trade Unions. </li></ul>Registration & Cancellation of Trade Unions
  6. 6. Section 4: Mode of registration <ul><li>(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. </li></ul><ul><li>(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 sub-section (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 have notice in writing to the Registrar dissociating themselves from the application]. </li></ul>Registration & Cancellation of Trade Unions
  7. 7. Section 4: Mode of registration <ul><li>Any seven or more members of a Trade Union may apply for registration of the Trade Union under this Act: </li></ul><ul><ul><li>by subscribing their names to the rules of the Trade Union </li></ul></ul><ul><ul><li>and by complying with the provisions of this Act with respect to registration. </li></ul></ul><ul><li>An application for the registration of a Trade Union shall not become invalid merely for the reason that at any time after the date of the application, but before the registration of the Trade Union some of the applications (not exceeding half of the total number of the persons who made the application) have ceased to be members of the Trade Union. </li></ul><ul><li>a treasury challan of Rs.100/- remitted as registration fee </li></ul>Registration & Cancellation of Trade Unions
  8. 8. Amendment, 2001 <ul><li>Amendment of section 4. </li></ul><ul><li>In section 4 of the Trade Unions Act, 1926. (hereinafter referred to as the principal Act), in sub-section (1), the following provisos shall be inserted at the end, namely:- Provided that no Trade Union of workmen shall be registered unless at least ten per cent. or one hundred of the workmen , whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such Trade Union on the date of making of application for registration: Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members , who are workmen engaged or employed in the establishment or industry with which it is connected </li></ul>Registration & Cancellation of Trade Unions
  9. 9. Section 5: Application for registration <ul><li>1) Even application for registration of a Trade Union shall be made 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; </li></ul><ul><li>(b) The name of the Trade Union and the address of its head office, and </li></ul><ul><li>(c) The title, names, ages, addresses and occupations of the [Subs. by Trade Unions (Amendment) Act No.33 of 1954] of the Trade Union. </li></ul><ul><li>(2) Where a Trade Union 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. </li></ul>Registration & Cancellation of Trade Unions
  10. 10. Section 5: Application for registration <ul><li>Application for registration of a Trade Union shall be made to the Registrar and shall be accompanied by: </li></ul><ul><ul><li>copy of the rules of the Trade Union </li></ul></ul><ul><ul><li>statement of the following particulars, namely:- </li></ul></ul><ul><ul><ul><li>The names, occupations and addresses of the members making the application. </li></ul></ul></ul><ul><ul><ul><li>The name of the Trade Union and the address of its head office. </li></ul></ul></ul><ul><li>Where a Trade Union has been in existence for more than one year before the making of an application for its registration it needs to submit a statement of the assets and liabilities held by it. </li></ul>Registration & Cancellation of Trade Unions
  11. 11. <ul><li>Amendment of section 5 </li></ul><ul><li>In section 5 of the principal Act, in sub-section (1), after clause (a), the following clause shall be inserted, namely:- (aa) in the case of a Trade Union of workmen, the names, occupations and addresses of the place of work of the members of the Trade Union making the application </li></ul>Amendment, 2001 Registration & Cancellation of Trade Unions
  12. 12. Section 6: Provisions to be contained in the rules of Trade Union <ul><li>A Trade Union shall not bee entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provided for following matters, namely:- </li></ul><ul><li>(a) The name of the Trade Union; </li></ul><ul><li>(b) The whole of the object for which the Trade Union has been established; </li></ul><ul><li>(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; </li></ul><ul><li>(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; </li></ul><ul><li>(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 executive of the Trade Union; </li></ul>Registration & Cancellation of Trade Unions
  13. 13. Section 6: Provisions to be contained in the rules of Trade Union <ul><li>(ee) [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; </li></ul><ul><li>(f) 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; </li></ul><ul><li>(g) The manner in which the member shall be amended, varied or rescinded; </li></ul><ul><li>(h) 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; </li></ul><ul><li>(i) 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 Unions (Amendment) Act No.33 of 1954] and members of the Trade Union; and </li></ul><ul><li>(j) The manner in which the Trade Union may be dissolved. </li></ul>Registration & Cancellation of Trade Unions
  14. 14. Section 6: Provisions to be contained in the rules of Trade Union <ul><li> A Trade Union shall not be entitled to registration under this Act, unless the executive is constituted in accordance with the provisions of this Act, and the rules provided for following matters: </li></ul><ul><ul><li>the name of the Trade Union </li></ul></ul><ul><ul><li>the object for which the Trade Union has been established </li></ul></ul><ul><ul><li>the purposes for which the general funds of the Trade Union shall be applicable. </li></ul></ul>Registration & Cancellation of Trade Unions
  15. 15. Amendment, 2001 <ul><li>Amendment of section 6 . </li></ul><ul><li>In section 6 of the principal Act,- (a) for clause (ee), the following clause shall be substituted, namely:- </li></ul><ul><li>''(ee) the payment of a minimum subscription by members of the Trade Union which shall not be less than </li></ul><ul><ul><li>i) one rupee per annum for rural workers ; </li></ul></ul><ul><ul><li>ii) three rupees per annum for workers in other unorganized sectors ; and </li></ul></ul><ul><ul><li>(iii ) twelve rupees per annum for workers in any other case ''; </li></ul></ul><ul><li>(b) in clause (h), for the word '' appointed '', the word '' elected '' shall be substituted; </li></ul><ul><li>(c) after clause (h), the following clause shall be inserted, namely:- </li></ul><ul><li>''(hh) the duration of period being not more than three years , for which the members of the executive and other office-bearers of the Trade Union shall be elected;''. </li></ul>Registration & Cancellation of Trade Unions
  16. 16. Section 7: Power to call for further particulars and to require alteration of name <ul><li>(1) The Registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of Sec; 5, or that the Trade Union is entitled to registration under Section 6, and may refuse to register the Trade Union until such information is supplied. </li></ul><ul><li>(2) If the name under which a Trade Union is proposed to be registered is identical with that by which any other existing Trade Union has been registered or, in the opinion of the Registrar, so nearly resemble such name as to be likely to deceive the public or the members of either Trade Union, the Registrar shall require the persons applying for registration to alter the name of the Trade Union stated in the application, and shall refuse to register the Union until such alteration has been made. </li></ul>Registration & Cancellation of Trade Unions
  17. 17. Section 7: Power to call for further particulars and to require alteration of name <ul><li>The Registrar can call for further information for the purpose of checking the compliance of the application with respect to Sec 5 and Sec 6 of the Trade Union Act. </li></ul><ul><ul><li>He may refuse to register the Trade Union until such information is supplied. </li></ul></ul><ul><li>If the name under which a Trade Union is proposed to be registered is identical or it nearly resembles with that of any other existing Trade Union, the Registrar shall require the persons applying for registration to alter the name of the Trade Union stated in the application. </li></ul>Registration & Cancellation of Trade Unions
  18. 18. Section 8: Registration <ul><li>The Registrar, on being satisfied that the Union has complied with all the requirements of this Act in regard to registration, 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 for Registration. </li></ul><ul><li>Notes </li></ul><ul><li>This section is mandatory. The Registrar cannot refuse to register a Trade Union if the application for registration complies with the technical requirement as laid down in this Act. </li></ul><ul><li>This Registrar has only to see if it fulfils the technical requirements and not whether it could be described as unlawful. If the applicant for registration complies with technical requirements of this Act, he has no option but to register the Trade Union, no matter what happens to it subsequently even if it, in fact, proceeds counter to law or seeks to carry out its lawful objects in an unlawful way. (Inland Steam Navigation Workers Union In re.1635 Cal.57 : 63 Cal.565 : C. W. N. 91). </li></ul><ul><li>An application for registration cannot be rejected on the ground that it is an attempt to revive an old, already unlawful, union under a new name (Ibid.). </li></ul><ul><li>The functions of the Registrar are prescribed by this Act and his office is also created by this Act (Ibid.). </li></ul>Registration & Cancellation of Trade Unions
  19. 19. Section 8: Registration <ul><li>The Registrar, on being satisfied that the Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union. </li></ul><ul><li>Note: </li></ul><ul><li>This section is mandatory. The Registrar cannot refuse to register a Trade Union if the application for registration complies with the technical requirement as laid down in this Act. </li></ul>Registration & Cancellation of Trade Unions
  20. 20. Section 9: Certificate of Registration <ul><li>The Registrar registering a Trade Union under Section 8, shall issue a certificate of registration which shall be conclusive that the Trade Union has been duly registered under this Act. </li></ul><ul><li>Certificate of Registration </li></ul><ul><li>Online Registration of Trade Union - alternatively </li></ul>Registration & Cancellation of Trade Unions
  21. 21. Amendment, 2001 <ul><li>Amendment of section 9 </li></ul><ul><li>-After section 9 of the principal Act, the following section shall be inserted, namely:- &quot;9A. Minimum requirement about membership of a Trade Union.-A registered Trade Union of workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen , whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with which it is connected, as its members </li></ul>Registration & Cancellation of Trade Unions
  22. 22. Section 10: Cancellation of Registration <ul><li>A certificate of registration of a Trade Union may be withdrawn o cancelled by the Registrar - </li></ul><ul><li>(a) On the application of the Trade Union to be verified in such manner as may be prescribed, or </li></ul><ul><li>(b) If the Registrar is satisfied that the certificate has been obtained by fraud or mistake, or that the Trade Union has ceased to exist or has willfully and after notice from the Registrar contravened any provision of this Act or allowed any rule to continue in force which is inconsistent with any such provision, or has rescinded any rule providing for any matter, provision for which is required by Section 6: </li></ul><ul><li>Provided that not less than two 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 before the certificate is withdrawn or cancelled otherwise than on the application of the Trade Union. </li></ul>Registration & Cancellation of Trade Unions
  23. 23. Section 10: Cancellation of Registration <ul><li>A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar: </li></ul><ul><ul><li>On the application of the Trade Union </li></ul></ul><ul><ul><li>If the Registrar is satisfied that the certificate has been obtained by fraud or mistake </li></ul></ul>Registration & Cancellation of Trade Unions
  24. 24. Amendment, 2001 <ul><li>Amendment of section 10 </li></ul><ul><li>In section 10 of the principal Act, after clause (b), the following clause shall be inserted, namely:- (c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members </li></ul>Registration & Cancellation of Trade Unions
  25. 25. Section 11: Appeal <ul><li>(1) Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may, within such period as may be prescribed, appeal - (a) Where the head office of the Trade Union is situated within the limits of Presidency-town to the High Court, or </li></ul><ul><li>(b) Where the head office is situated in any outer area, to such Court, not inferior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction, as the [appropriate Government] may appoint in this behalf for that area. </li></ul><ul><li>(2) The Appellate Court may dismiss the appeal, or pass an order directing the Registrar to register the Union and to issue a certificate of registration under the provisions of Section 9 or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the registrar shall comply with such order. </li></ul><ul><li>(3) For the purpose of an appeal under sub-section (1) an Appellate Court shall, so far as may be, follow the same procedure and have the same powers as it follows an has when trying a suit under the Code of Civil Procedure, 1908, and may direct by whom the whole or any part of the costs of the appeal shall be paid an such costs shall be recovered as if they had been awarded in a suit under the said Code. </li></ul><ul><li>(4) In the event of the dismissal of an appeal by any Court appointed under clause (b) of sub-section (1), the person aggrieved shall have a right of appeal to the High Court and the High Court shall, for the purpose of such appeal, have all the powers of an Appellate Court under sub-sections (2) and (3) and the provisions of those sub-section shall apply accordingly.] </li></ul>Registration & Cancellation of Trade Unions
  26. 26. Section 11: Appeal <ul><li>Any person aggrieved by any refusal of the Registrar to register a Trade Union or by the withdrawal or cancellation of a certificate of registration may appeal to the prescribed courts. </li></ul><ul><li>Head Office situated within the limits of the presidency-town – High Court </li></ul><ul><li>Otherwise to such court, not inferior to the Court of an additional or assistant Judge of a principal Civil Court of original jurisdiction. </li></ul><ul><li>The Appellate Court may dismiss the appeal, or pass an order directing the Registrar to register the Union and to issue a certificate of registration or setting aside the order for withdrawal or cancellation of the certificate, as the case may be, and the registrar shall comply with such order. </li></ul>Registration & Cancellation of Trade Unions
  27. 27. Amendment, 2001 <ul><li>Amendment of section 11 </li></ul><ul><li>In section 11 of the principal Act, in sub-section (1), after clause (a), the following clause shall be inserted, namely:- (aa) where the head office is situated in an area, falling within the jurisdiction of a Labor Court or an Industrial Tribunal , to that Court or Tribunal, as the case may be;. </li></ul>Registration & Cancellation of Trade Unions
  28. 28. Section 12: Registered office <ul><li>All communications and notice 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 with fourteen days of such change to the Registrar in writing, and the changed address shall be recorded in the register referred to in Section 8. </li></ul><ul><li>All communications and notice to a registered Trade Union may be addressed to its registered office. </li></ul><ul><ul><li>Notice of any change in the address of the head office shall be given within fourteen days of such change to the Registrar in writing. </li></ul></ul>Registration & Cancellation of Trade Unions
  29. 29. Section 13: Incorporation of registered Trade Unions <ul><li>Every registered Trade Union shall be a body corporate by the name under which it is registered and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property an contract, and shall, by the said name sues and be sued. </li></ul><ul><li>Every registered Trade Union: </li></ul><ul><ul><li>shall be a body corporate by the name under which it is registered </li></ul></ul><ul><ul><li>shall have perpetual succession (continuation of the existence despite the death or an exit of any member or leader) and a common seal </li></ul></ul><ul><ul><li>power to acquire and hold both movable and immovable property </li></ul></ul><ul><ul><li>it can, by the said name sue and be sued. </li></ul></ul>Registration & Cancellation of Trade Unions
  30. 30. Section 14: Certain Acts not to apply to registered Trade Unions <ul><li>The Societies Registration Act, 1860. </li></ul><ul><li>The Co-operative Societies Act, 1912. </li></ul><ul><li>The Companies Act, 1956 </li></ul>Registration & Cancellation of Trade Unions
  31. 31. The Societies Registration Act, 1860 <ul><li>Purpose of the Act is to provide for registration of literary, scientific and charitable societies. Generally Unincorporated associations. </li></ul><ul><li>Following societies can be registered under the Act - * Charitable societies * Military orphan funds or societies * Societies established for promotion of science, literature, or for fine arts * Societies established for instruction and diffusion of useful knowledge, diffusion of political education * Societies established for maintenance of libraries or reading rooms for general public * Societies established for Public museums and galleries for paintings or other works of art, collections of natural history, mechanical and philosophical inventions, instruments or designs </li></ul>Registration & Cancellation of Trade Unions
  32. 32. The Co-operative Societies Act, 1912. <ul><li>Objectives of Cooperative Society </li></ul><ul><ul><li>Render service rather than making profit </li></ul></ul><ul><ul><li>Mutual help instead of competition </li></ul></ul><ul><ul><li>Self help instead of dependence </li></ul></ul><ul><li>Consumers’ Co-operative Society, Producers’ Co-operative Society, Co-operative Marketing Society, Co-operative Credit Society, Co-operative Farming Society, Housing Co-operative Society </li></ul><ul><li>Characteristics of Co-operative Societies: Open membership, Voluntary Association, State control, Democratic Management, Service motive </li></ul>Registration & Cancellation of Trade Unions
  33. 33. The Companies Act, 1956 <ul><li>The Act confers a variety of powers on the Central Government and the Company Law Board to monitor, regulate and control the affairs of the companies . </li></ul><ul><li>&quot;company&quot; means a company formed and registered under this Act or an existing company as defined in following clause (clause ii); </li></ul><ul><li>(ii) &quot;existing company&quot; means a company formed and registered under any of the previous companies laws specified below: </li></ul><ul><ul><li>(a) any Act or Acts relating to companies in force before the Indian Companies Act, 1866 (10 of 1866) and repealed by the Act; (b) the Indian Companies Act, 1866 (10 of 1866); (c) the Indian Companies Act, 1882 (6 of 1882); (d) the Indian Companies Act, 1913 (7 of 1933); (e) the Registration of Transferred Companies Ordinance 1942 (54 of 1942) </li></ul></ul>Registration & Cancellation of Trade Unions
  34. 34. <ul><li>Thank You!!! </li></ul>Registration & Cancellation of Trade Unions

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