A presentation on :- Trade Union Act , 1926

Presented By :-kratika patidar

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

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)

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. 

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.

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. 

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.

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.

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.

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 applica tion 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.

Placation for the Registration

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 regis tered 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 be sued by the name in which it is registered.

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 manner in which the trade union shall be dissolved.

Features of Registered Trade Union :-

As per sec 13 , registered Trade Unions has the following features :-

1.Registered Trade Union will have perpetual succession2.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.

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 bearersb. Expenses required for the administration of the trade unionc. 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.

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.

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 :-

Images :-

• Cont.

All India Strike – 2/09/2015

2nd September 2015 All India StrikeCONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERSPresidentK. K. N. Kutty09811048303Secretary GeneralM. Krishnan09447068125No. Confdn/Strike/2015Dated: 11th August 2015ToThe Cabinet Secretary,Cabinet Secretariat,Government of India,Rastrapathi Bhawan,NEW DELHI – 110004Sir,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

Thank you …!