Trade Union Act , 1926

1. A presentation on :-
Trade Union Act , 1926
Presented To :-
Mrs. Mayura Kemkar
Asst. Professor
S.G.S.I.T.S.
Presented By :-
Aditi Agrawal
Agrata Verma
Apeksha Dubey

2. Content :-
1. History of Trade Union Act, 1926
2. Meaning of Trade Union Acy
3. Some Definitions under the Act
4. Registration of Trade Unions
4.1 Appointment of Registrar
4.2 Mode of Registration
4.3 Rights and Duties of Registrar
4.4 Legal Status of Registered Trade Union.
5. Rules of Registered Trade Union
6.Features of Registered Trade Union
7. Rights and Liabilities of Registered Trade Union
8. Penalties and Procedures

3. Trade Union Act ( History )
 In India, the first quarter of the 20th century gave the birth of the
trade union movement. A series of strikes were declared in India in
the twenties. The success of most of these strikes led to the
organization of many unions.
 In 1920, the All India Trade Union Congress (AITUC) was set up. In
1926, the Trade Unions Act was passed which gave a legal status to
the registered trade unions.
 Subsequently many trade unions were formed such as:
1. Indian National Trade Union Congress (INTUC),
2. Hind Mazdoor Sabha (HMS),
3. United Trade Union Congress (UTUC)

4. Trade Union Act , 1926
 An act to provide the registration of Trade Unions and in
certain respects to define the law relating to registered Trade
Unions.
 The law relating to the registration and protection of the Trade
Unions is contained in the Trade Unions Act, 1926 which came
into force with effect from 1st June 1927.
 The Act extends to the whole of India except the State of
Jammu and Kashmir.

5. Definitions :-
Appropriate Government [Sec. 2]: In relation to Trade Unions
whose objects are not confined to one state 'the appropriate
Government' is the Central Government. In relation to other Trade
Unions, the 'appropriate Government' is the State Government.
Trade Dispute [Sec. 2(g)]: It 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.
Cont.

6. Trade Union [Sec. 2(h)]: Trade Union means any 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 for imposing restrictive conditions on the conduct of any
trade or business and includes any federation of two or more Trade
Unions.
Registered Trade Union [Sec. 2(e)]: A registered Trade Union means
a 'Trade Union' registered under the Act.
Executive [Sec. 2(a)]: Executive means the body of which the
management of the affairs of a Trade Union is entrusted.

7. Registration of Trade Union :-
The four procedure involved in registration of trade unions
are as follows:-
1. Appointment of Registrar
2. Mode of Registration
3. Rights and Duties of Registrar
4. Legal Status of Registered Trade Union.
Cont.

8. 1. Appointment of Registrar :-
Section 3 of the Trade Union Act, 1926 - Empowers the
appropriate Government to appoint a person to be registrar of
Trade Unions.
The appropriate Government be it State or Central,
as the case may be is also empowered to appoint additional and
Deputy Registrars as it thinks fit for the purpose of exercising and
discharging the powers and duties of the Registrar.
However, such person will work under the superintendence and
direction of the Registrar. He may exercise such powers and
functions of Registrar with local limit as may be specified for this
purpose.
Cont.

9. 2.Mode of Registration :-
Any seven or more persons who want to form trade union,
can apply for its registration to the Registration of Trade
Unions under Section 4 (1) of the Trade Unions Act, 1926.
The application for registration must be sent to the Registrar
of Trade Unions in Form “A” as required by the Trade Union
Act, 1926 under Section 5.
Cont.

10. A trade union can be registered only when its constitution
fulfils the following rules:
1.The names, occupations and addresses of the members
making application.
2. The name of the trade union and the address of its head
office.
3. The titles, names, ages, addresses and occupations of the
office bearers of the trade union.
4 If a trade union has been in existence for more than one year
prior to application of its registration, a financial statement
showing its assets and liabilities is to be submitted to the
Registrar along with the application for registration.
5. Besides, every application must be accompanied with a copy
of Rules of Trade union complying with the items as specified
under Section 6 of the Trade Unions Act, 1926.
Every application must be accompanied with :-
Cont
.

11. 3. Rights and Duties of Registrar:
Section 7 of the Act empowers the Registrar of Trade
Union to make, if required so, further enquiries on receipt
of an application for registration to fully satisfy himself that
the application complies with the provisions of section 5.
However, such enquiries can be made only from the
application and not from any other source.
4. Legal Status of Registered Trade Union:
Upon the registration, a trade union assumes to a
corporate body by the name under which it is registered. A
registered trade union shall have perpetual succession
and its common seal. A registered trade union is an entity
distinct from the members of which, the trade union is
composed of It enjoys power to contract and to hold
property both moveable and immoveable and to sue and

12. Rules for a registered Trade Union :-
 Name of the trade union;
 The whole of the purposes for which the general funds of a
trade union shall be applicable.
 The maintenance of a list of the members of the trade
union and adequate facilities for the inspection thereof by
the office-bearers and members of trade union;
 The manner in which rules will be amended varied and/or
rescinded;
 The manner in which the members of the executive and
the other office-bearers of the trade union shall be
appointed and removed;
 The manner in which the funds of the trade union shall be
kept and audited and inspection of the books of accounts
by the office bearers and members of the trade union be
made;
 The conditions under which any member shall be entitled to
have benefits under the rules and under which fine or
forfeiture shall be imposed on the members; and The

13. Features of Registered Trade Union :-
As per sec 13 , registered Trade Unions has the
following features :-
1.Registered Trade Union will have perpetual succession
2.Every registered Trade Union will have common seal.
3.Every registered Trade Union can acquire and hold both
movable and immovable property.
4.Every registered Trade Union can sue others.
5.Every registered Trade Union can sued by others also.

14. Rights and Liabilities of registered Trade Unions :
1. A Trade Union cannot spend the funds on anything the office
bearers want. It can spend funds only on the activities specified
in Section 15. These include:
a. Salaries of the office bearers
b. Expenses required for the administration of the trade union
c. Compensation to workers due to loss arise of any trade
dispute.
d. Welfare activities of the workers including housing, clothing,
or any such activity.
e. Benefits to the workers or their dependents in the case of
unemployment, disability, or death.
f. Publishing material for creating awareness in the workers.
g. Legal expenses required for defending or bringing a suit.
Cont.

15. 2. Under section 20 a trade union must make available all its record books
of accounts and list of membership for inspection upon request of any
member or his representative.
3. Section 21 allows minors more than 15 yrs of age to be members of a
trade union. However, such minors cannot hold office.
4. Under section 21-A, a trade union cannot appoint a person who has
been convicted of a crime involving moral turpitude and has been
imprisoned for 6 months or more within last 5 years.
5. Under section 28, a general statement, audited in a prescribed
manner, of all income and expenses must be sent to the registrar every
year.

16. Penalties Procedure
1. Failure to submit
returns.
(Sec. 31)
1. Punishable with fine which may
extend to five rupees and, in the
case of a continuing default, with an
additional fine which may extend to
five rupees for each.
2. Supplying false
information regarding
Trade Unions.
(Sec. 32)
2. Punishable with fine which may
extend to two hundred rupees.
3. Cognizance of
offences.
(Sec. 33)
3. No Court inferior to that of a
Presidency Magistrate or a
Magistrate of the first class shall try
any offence under this Act.
Penalties & Procedures :-

17. Images :-
 Cont.

19. All India Strike – 2/09/2015

20. 2nd September 2015 All India Strike
CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
President
K. K. N. Kutty
09811048303
Secretary General
M. Krishnan
09447068125
No. Confdn/Strike/2015
Dated: 11th August 2015
To
The Cabinet Secretary,
Cabinet Secretariat,
Government of India,
Rastrapathi Bhawan,
NEW DELHI – 110004
Sir,
This is to give notice that the employees who are members of the affiliated
organisations of the Confederation of Central Government Employees and Workers
will go on one day’s strike on 2nd September, 2015. The Charter of demands in
pursuance of which the employees will embark upon the one day strike action is
enclosed.
Thanking you,
Yours faithfully,
M. Krishnan,
Secretary General

22. Thank you …!