The document summarizes key aspects of the Trade Union Act of 1926 in India. It discusses the objectives of establishing legal protections for trade unions, how unions are defined, and requirements for registration. Key points include:
- The Act aimed to provide legal status to trade unions by establishing a registration system.
- A trade union is defined as a combination of workers/employers formed to regulate their relations or impose conditions on businesses.
- At least 7 members can apply to register a union, providing details like member names and addresses, union name and rules.
- Registered unions must operate within certain duties like notifying address changes and submitting annual audited financial reports.
- Funds are raised
BONUS ACT BASICS
A bonus is an extra amount of money that is added to someone's pay, usually because they have worked very hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
This Act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed. Six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organization, the Central Government may after every five years, by notification in the Official Gazette, specify.
BONUS ACT BASICS
A bonus is an extra amount of money that is added to someone's pay, usually because they have worked very hard.
The practice of paying bonus in India appears to have originated during First World War when certain textile mills granted 10% of wages as war bonus to their workers in 1917.
This Act applies to wages payable to an employed person in respect of a wage period if such wages for that wage period do not exceed. Six thousand five hundred rupees per month or such other higher sum which, on the basis of figures of the Consumer Expenditure Survey published by the National Sample Survey Organization, the Central Government may after every five years, by notification in the Official Gazette, specify.
Section 3 to 6 of the Trade Union Act 1926 gives details about Registration of Trade Union and section 7 to 10 of the Act gives details about Registration , Certificate and Cancellation of Registration.
Section 3 to 6 of the Trade Union Act 1926 gives details about Registration of Trade Union and section 7 to 10 of the Act gives details about Registration , Certificate and Cancellation of Registration.
Useful for Law students, MBA- HR students, CS Students, Employees , Employer.
I have also mentioned a list of forms generally used during gratuity.
Every body should be aware of do's and don't. Knowledge of your rights makes you powerful.
Application of the Act
When gratuity is payable
Amount of gratuity payable
Forfeiture of gratuity
Obligations and rights of the employer
Compliance under the Act
reference: http://blog.simplycareer.net/2013/06/gratuityact.html
I have also refereed other sites and text books.
This slides shows the important definitions of Trade union. And gives an idea about recognition and registration of trade union & the differences between them.
Trade Union concept has been the most confusing one among the students appearing for their CS examination.
QLI has tried to make the concept simple and present it in a better manner. We at QLI expertise in CPT , IPCC , CA Final, and CS Executive, (www.qli.co.in)
Memorandum Of Association Constitution of Company.pptseri bangash
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A Memorandum of Association (MOA) is a legal document that outlines the fundamental principles and objectives upon which a company operates. It serves as the company's charter or constitution and defines the scope of its activities. Here's a detailed note on the MOA:
Contents of Memorandum of Association:
Name Clause: This clause states the name of the company, which should end with words like "Limited" or "Ltd." for a public limited company and "Private Limited" or "Pvt. Ltd." for a private limited company.
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Registered Office Clause: It specifies the location where the company's registered office is situated. This office is where all official communications and notices are sent.
Objective Clause: This clause delineates the main objectives for which the company is formed. It's important to define these objectives clearly, as the company cannot undertake activities beyond those mentioned in this clause.
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Liability Clause: It outlines the extent of liability of the company's members. In the case of companies limited by shares, the liability of members is limited to the amount unpaid on their shares. For companies limited by guarantee, members' liability is limited to the amount they undertake to contribute if the company is wound up.
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Capital Clause: This clause specifies the authorized capital of the company, i.e., the maximum amount of share capital the company is authorized to issue. It also mentions the division of this capital into shares and their respective nominal value.
Association Clause: It simply states that the subscribers wish to form a company and agree to become members of it, in accordance with the terms of the MOA.
Importance of Memorandum of Association:
Legal Requirement: The MOA is a legal requirement for the formation of a company. It must be filed with the Registrar of Companies during the incorporation process.
Constitutional Document: It serves as the company's constitutional document, defining its scope, powers, and limitations.
Protection of Members: It protects the interests of the company's members by clearly defining the objectives and limiting their liability.
External Communication: It provides clarity to external parties, such as investors, creditors, and regulatory authorities, regarding the company's objectives and powers.
https://seribangash.com/difference-public-and-private-company-law/
Binding Authority: The company and its members are bound by the provisions of the MOA. Any action taken beyond its scope may be considered ultra vires (beyond the powers) of the company and therefore void.
Amendment of MOA:
While the MOA lays down the company's fundamental principles, it is not entirely immutable. It can be amended, but only under specific circumstances and in compliance with legal procedures. Amendments typically require shareholder
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1. Introduction and Key Concepts of Sustainability
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2. THE TRADE UNION ACT 1926
The Trade Union Act was passed in 1926 under the title of the Indian
Trade Union Act and was brought into effect from 1st June 1927 by a
notification in the Official Gazette by the Central Government. The Act
was amended in 1947, 1960 and 1962, Subsequently the word „Indian‟ was
deleted from the amended Act of 1964, which came into force from 1st April
1965. A comprehensive trade unions (Amendment) Act was passed in 1982.
OBJECTIVES OF THE ACT
The Act enacted with the object of providing for the registration of trade
unions and verification of the membership of trade unions so registered so
that they might acquire a legal and corporate status. As soon as a trade union
is registered, it is treated as an artificial person in the eyes of the
law, capable of enjoying rights
3. TRADE UNION ACT
DEFINITION
Section 2 (h) of the Trade Union Act 1926 defines the term
„Trade Union‟ as “ any combination, whether temporary or
permanent, formed primarily for the purpose of regulating
the relation between workmen and employers, between
workmen and workmen, or between employers and
employers or for imposing restrictive conditions on the
conduct of any trade or business, and includes any federation
of two or more Trade Unions”.
4. FUNCTIONS & ROLE OF TRADE UNIONS.
To improve working and living conditions.
To secure for workers fair wages.
To enlarge opportunities for promotion and training.
To promote individual and collective welfare.
To provide for educational, cultural and recreational facilities.
To safeguard security of tenure and improve conditions of service.
To promote identity of interests of the workers with their industry .
5. TRADE UNIONS IN INDIA
a) INTUC (Indian National Trade Union Congress)
b) AITUC (All India Trade Union Congress)
c) CITU (Centre of Indian Trade Unions)
d) NLO (National Labour Organization)
e) TUCC (Trade Union Congress Committee)
6. PROVISIONS OF THE TRADE UNION ACT
a) Definitions.
b) Formation and Registration.
c) Duties and Liabilities.
d) Rights and Privileges.
e) Amalgamation and Dissolution.
f) Submission of Return.
g) Penalties and Fines.
h) Power to Make Regulations.
7. FORMATION AND REGISTRATION OF TRADE UNIONS
Sections 4 to 9 deals with the procedures for registration of Trade Unions.
1) Mode of Registration [Sec. 4 (1)].
Any seven or more members of Trade Union may apply for
registration. All the members applying for registration must subscribe
their names to the rules of the Trade Union
2) Application for Registration (Sec. 5).
The application for registration should be made to the Registrar for
Trade Union. It contains,
a) The names, occupation and Address of the members .
b) The name of the Trade Union and the Address its head office.
c) The titles, names, ages, addresses and occupations of office bearers of
the Trade Union.
8. 3) Contents of the copy of rules (Sec. 6).
The application should also be accompanied with a copy of rules of the
Trade Union, it contains.
i.
The name of the Trade Union.
ii. The whole of the object for which the Trade Union has been
established.
iii. The whole of the purpose for which the general funds of a Trade Union
shall be applicable.
iv. The payment of a subscription by members of the Trade Union which
shall not be less than
a) one rupee per annum for rural workers
b) three rupee per annum other organized sectors
c) twelve rupees per annum for workers in any other case.
9. 4) Power of the Registrar to call for further Particulars (Sec. 7).
When the application for registration is filed before Registrar, he has
got the powers to call further particulars regarding the Trade Union.
5) Registration and Certificate (Sec. 8 & 9).
If all the requirements of the Act have been complied with, the
Registrar of Trade Union shall register the Trade Union and issue
“certificate of Registration.
Registered Trade Union [Sec. 2 (e)].
A “Trade Union” which is registered as per provisions under the
Trade Union Act 1926 which has the certificate of registration is
called Registered Trade Union.
10. DUTIES AND LIABILITIES OF A REGISTERED TRADE UNION
1) Change of registered office (Sec. 12).
If any change in the address of the head office of a Trade Union takes
place, notice of change must be given to the Registrar in writing
within 14 days.
2) Objects on which general fund ay be spent (Sec. 15).
The general funds of a registered Trade Union can be spent only the
objects.
3) Constitution of a fund for political purposes (Sec. 16).
A registered Trade Union may constitute a separate fund from which
payments may be made for the promotion of the civic and political
interests of its of its members.
4) Proportion of officers bearers be connected with the industry (Sec.
22).
11. 5) Returns to be submitted (Sec. 28).
Every Registered Trade Unions is required by Section 28 to send annually
to the Registrar on or before a prescribed date, a general audited statement
of all receipts and expenditure during the year ending 31st day of Dec.
6) Account books and list of members.
The account books of registered Trade Union and the list of members
thereof is open to inspection by any office bearer or member of the
Trade Union at such times as may be provided of in the rules.
TRADE UNION FUNDS
Registered Trade Union raise their fund through,
a) General Funds.
b) Separate Funds
12. a) GENERAL FUNDS
Section 15 of the Act provides certain restrains against expenditure
out of the general funds of the registered trade union.
It lays down that the general fund of a registered trade union shall not
be spent on any other objects than the following, namely:
The payment of salaries, allowances and expenses to the officebearers of the Trade Union;
The payment of expenses for the administration of the Trade Union
including audit of accounts of general funds;
The allowances and compensation of members for loss arising out of
Trade Unions.
The provisions of education, social or religious benefits for members
or for the dependants of members.
13. b) SEPARATE FUNDS
Sec. 16 of The Trade Union Act has made suitable provisions for the
constitution of a separate fund for political purposes. The Act empowers a
registered Trade Union to constitute a separate fund from contribution
separately levied for that fund. Out of this fund payments maybe made for
the promotion of the political interest of its members in order to promote
the political objects. But the general funds should not be utilized for
political purpose .