The Trade Union Act of 1926 provides a legal framework for the formation and registration of trade unions in India, outlining their rights, liabilities, and immunities. It specifies the registration process and requirements for trade unions, including the powers of registrars and conditions for membership and office bearers. The Act also addresses the general fund management of unions, political fund provisions, and protections against legal liabilities during trade disputes.

1. TRADE UNION ACT
1926

2. INTRODUCTION
• 19(1)C Right to form association or unions is a fundamental right
• Till passing ofTU Act 1926,the right of forming such association was not
recognize
Damages or compensation imposed on workers for union organizers
ILO formation gave some encouragement to strengthen unions
Trade dispute Act 1920 ,even made strikes illegal if the object thereof
was not one of furtherance of trade dispute of a particular union trade
or industry or causes hardship to community or coerce of govt decisions.
As union officials are liable for prosecution, to meet the demand of
TU,Indian Trade Union Act 1926 was passed

3. OBJECT OFTHE ACT
• TU Act provides provision relating to
• Registration of trade unions and cancelation
• Provides rights ,liabilities and immunities of trade union
• The Act does not ensure compulsory recognition of unions
• The Act is not only applicable to worker union,but also to employers
association
• It deals with provision relating to appointment of Registers, Addl registers
Dy Registers

4. CONTENTS
• Chapter I Preliminary Sce 1to 2
• Chapter II Registrations of trade unions sec. 3 to 14
• Chapter III Rights and liabilities of registered trade unions Sec 15 to28
• Chapter IV Regulations Sec 29,30
• Chapter V Penalties and procedure Sec 31 to 33

5. CHAPTER I
• Sec 1 Short title, extent and commencement
• The Act is called Trade Union Act 1926,
• The word Indian omitted wef 1/4/65
• It extends to whole of India ,the words the state of J& K omitted wef 1
9 71
• The Act came into force on 1 6 1927,passed on 25 3 1926

6. DEFINITION
• Trade union 2(h) Any combination
• a)For regulating relation between :-
• i)workmen and employers or
• Ii) Workmen and workmen or
• Iii) Employers and Employers or
• b) Imposing restrictive conditions on the conduct of any trade or business or industry

7. • Trade dispute 2(g)
• Any dispute between employers and workmen,workmen and
workmen or between employers and employers
• Connected with employment and employment or non
employment or
• Terms of employment or Conditions of labour of any person
• Workmen means All persons employed in trade or industry
whether or not in the employment of the employer with
whom trade disputes arises

8. SECTION 3
• Appointment of Registrars sec 3
• Appropriate Government may appiont Registrars for each state
• The Appropriate Government may appointAdditional or Dy Registrars
with species jurisdiction
• The Registrars have full jurisdiction to enquire about the legality of new
election office bearer

9. SECTION 4 MODE OF REGISTRATION
• Sec4 Mode of registration 1) Seven or more members of TU may apply
for registration of TU under TUAct provided no TU be registered
unless Atleast 10% or 100 workmen engaged in establishment or
industry are members of TU on the date of making application
• 4 (2) Subsequent to application but before registration,if some of the
applicants not exceeding half the number of applicants originally
applied,ceased to be members of union or turned against the union,it will
not render the application invalid

10. REGISTRATION
• Registration of union is not compulsory
• Unregistered trade union or association is not illegal, right to form
association is fundamental right under 19 (1) C
• Registered union gets immunities,privilege and other rights
contemplated under TU Act Recognition of trade union is a matter of
discretion of employer
• Rights of recognized union 1) right to sole representation in collective
Bargaining
• 2) to raise issues and enter into agreement on.general question of term
and conditions of employment

11. RECOGNITION CONTD
• 3) to collect membership fees and subscription within the premises of
undertaking
• 4)to put up notice board in the premises and affix notice on meetings,
statements of accounts and other announcements
• 5)to discuss with employer the Grievance of workers
• 6) To Inspect the place of work
• 7)To nominate representatives in the Grievance Committee, other
Committee

12. APPLICATION FOR REGISTRATION
• Section 5 (1) Every application for registration be made to registrar with
copy of rules of trade union and statement as to names, addresses and
occupation of members applicants and office bearers of union,name of trade
union and address of head office
• 5(2) If the trade union is in existence for a period of more than one yesr,along
with the application ,statement of assets and liabilities trade union be given
• Section 6 provision to be contained I the the rules of a trade union
• Executive has to be constituted as per theAct

13. SEC 6 CONTD
• Executive Is constituted as provisions of Act and its rules provided for
the following
• a) Name of the trade union b) object for which it is established c) the
purpose for which general fund of union be spent,the purpose for which
such funds lawfully spent
• d) maintenance of members list and facilities for inspection by office
bearer and members of union e) procedures for admission of ordinary
members who shall be actually engaged and employed in an industry
with which union is connected and admission of.honorary and
temporary members to form the executive

14. SEC 6 CONTD
• E) Minimum subscription by members of trade union
• i) one rupee per annum for rural workers
• Ii) Rs 3 for unorganized sector iii) 12 per annum for any other case
• F) the condition under which member entitled for any benefits and forfeiture thereof
• G )the manner in which rules be amended, varied or rescinded
• H ) the manner in which members of executive be removed and other office bearer
• I)the duration of executive office bearer ,not more than 3 years
j) The manner in which trade union be dissolve
For registration all the above to be complied

15. • Sec 7 Power to call for further particulars and to reqire alteration of
name of union where it is identical
• Sec. 8 Registration Registrar of TU ,after satisfying shall enter trade
union in the register and issue certificate of registration ( sec 9)
• 10 Cancellation of registration
• Registrar is empowerd to cancel or to withdraw TU if certificate is
obtained by fraud or mistake or that union ceased to exist or.wilfully
contravened rules trade union Act and rules or not having requisite
number of members
• Two month notice is must before cancellation

16. SEC 11 APPEAL
If registrar refuses to register the trade union or withdraws or cancels
certificate 4 registration,the aggrieved person can prefer an appeal within
60 days before
High court the head of office at presidency Town
Labour court or tribunal Head office at jurisdiction of labour court
Local court in any other area
Appellate court may dismiss the appeal or direct Registrar to issue
certificate

17. Section 12 Registered office
All notice or communication be addressed to registered office
Change of address of head office be given to Registrar within 14 days of
such change
Sce 13 Incorporation of registered trade union
Every TU shall be a body corporate by name it is registered, perpetual
succession and a common seal to acquire Immovable or movable
property or to contract by the said name sue or to be sued

18. ACTS NOTTO APPLYTO TU
Section 14
The following Act shall not apply to any registered trade union
• A The societies Registration Act 1860
• B The cooperatives Societies Act 1912
• C Companies Act 1956

19. SEC 15 GENERAL FUND
Sec 15 Object on which general fund may be spent
General fund of a registered trade union shall not be spent on any other
objects other than the following
1 For payment of salaries, allowances and expenses of office bearer of
union
2 For payment of administrative expenses of trade union including audit
expenses
3 For defense of legal proceedings to which trade union TU or member
of union.is a.party
4 For the conduct of trade dispute of trade union or any member thereof

20. GENERAL FUND CONTD
• 5 For giving compensation to members for loss arising out of trade disputes
• 6For giving allowance to members or dependent on account of old
age,sickness,accident or unemployment of members
• 7 For.the issue of or the undertaking liability under policy of assurance on the
lives of members against sickness, accidents, unemployment
• 8 For.providing education, social, religious benefits of members or dependent
• 9 To the upkeep of periodical published for the purpose of question affecting
employers or workmen
• 10 For payment in furtherance any objects of general fund and other objects
notified by appropriate Government in the Official Gazette

21. POLITICAL FUND
• Section 16 (1)Trade unions may constitute political fund from
contributions separately levied for or made to that fund for promotion
of civic and political interest of its members
• 16 (2) The object referred in this sub section
• 1 Payment of expenses incurred by candidate for election as a member
of legislative body or local authority 2 For holding meetings or for
distribution of literature in support of such candidate 3 For
maintenance of any person who is a.member of legislative body or local
authorities 4 For registration of of electors or for selection of a
candidate 5 For holding political meeting or distribution of political
literature

22. 17 CRIMINAL CONSPIRACY INTRADE DISPUTES
• Sce 17 No office bearer or member of a trade union shall be liable to punishment
under sub section (2) of120 B of IPC,in respect of any agreement between members
for the purpose of furthering any such.objects of trade union specified in sec 15,unless
the agreement is an agreement to commit an offence
• For instance TU persuade to workers to commit assault or such other offence against
management is not protected under 17

23. IMMUNITY FROM CIVIL LIABILITY
• Sec 18 (1) No suit or other legal proceedings maintainable in any civil court against a
registered trade union or any office bearer or members in respect of any Act done in
contemplation or furtherance of trade dispute
• 18 (2) gives immunity to.TU against tortious liability for acts done by its agents if it is
proved that the agent acted without the knowledge of the Union executive or
contray to express instruction.Here also theAct done must be.in furtherance of trade
disputes

24. SEC19,SEC 20
• 19 Enforceability of agreement
• 20 Right to Inspect books of trade union
• 21 Rights of minors to membership of a union A person attained the age 15 years
• 21 A Dis qualification of office bearer of trade union
• A not attained the age of 18 years B convicted for offence of moral turpitude and
sentenced for Imprisonment,unless a period of 5 years has elapsed since his release

25. 22 PROPORTION OF OFFICE BEARERS
• Section 22 Proportion of office bearer connected with industry
• Unorganized sector Not less then half of total number of office bearers actually engaged
or employed in an industry to which TU is connected
• In other cases, all office bearers ofTU,except not more than 1/3rd of total number of
members or five,whichever is less,shall be engaged in industry to which trade union ID
connected
• 23 change of name concentration of not less than two third of total member of union
• 24 Amalgamation of two or more Tus one half of each union andAtleast 60% of votes
recorded

26. 25 NOTICE OF CHANGE OF NAME
• Sec 25 Notice of change of name or amalgamation
• Change of name Notice signed by secretary and 7 members ofTU changing name
• Amalgamation secretary and 7 other members of each union
• Such notice sent to Registrar ofTU based on geographical limit
• After compling with directions of Registrar,the change of name or Amalgamation be
effected
• 26 Effect of change of name orAmalgamation

27. DISSOLUTION
• 27 Dissolution of trade union
• Within 14 days of dissolution, notice of dissolution signed by secretary send 7 other
members of union sent to Rigistrar ofTU and.it be registered if the dissolution is as per
rules of trade union
• 27 (2) Distribution of finds by Registrar to members if there is no rules in trade union
• 28 Returns 31 st December general statement, audit, assets and liability
• 2 ) change of office bearer,rules changed during the year 3) alteration of change of rules
within 15 days such alteration, 4) verification of documents to official of registrars within
ten mile of head office

28. • 29 power to make Regulation
• 30 publication of Regulation
• 31 Failure to submit returns
• 31 (1) every office bearer of union or ii) other person who is bound by the rules to give
or iii) if ther is no such office bearer , every member of executive punishable with Rs 5 and
in continuing default Rs 5 for each week,and aggergate to 50
• 31(2) Wilful or omission of entry nin general statement fine uptoRs 500
• 32 Supplying of false information regarding TU to deceive any member or prospective
member with incorrect copy of rule Fine upto 200
• 33Cognisansnce of offences No Court without Sanction of Registrar, within six months
of offence alleged to have taken place