TRADE UNIONS ACT 1926
EmailTHE 1 [*]TRADE UNIONS ACT, 1926
ACT No. 16 OF 1926
(Amended upto Date)
25thMarch, 1926
An Act to provide for the registration of Trade Unions and incertain respects to define the law relating to registered Trade Unions in theStates of India
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1. The word "Indian"omitted by the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964) Section3.
WHEREAS it is expedient toprovide for the registration of Trade Unions and in certain respects to definethe law relating to registered Trade Unions in 1 [the States of India]; It is hereby enacted as follows: –
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1. Substituted for the words"British India" by the A.O.1948.
CHAPTER I
PRELIMINARY
1.Short title, extent andcommencement: (1) ThisAct may be called the 1 [*]Trade Unions Act, 1926.
2 [(2) It extends to the whole of India 3 [4 [*].]
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1. The word "Indian"omitted by the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964) Section3.
2. Substituted for the originalsub-section (2) by the A.O.1950.
3. Substituted for "exceptPart B States" by Act 3 of 1951, Section 3 and Schedule.
4. The "except the Stateof Jammu and Kashmir" omitted by theCentral Labour Laws (Extension to Jammuand Kashmir) Act, 1970 (51 of 1970) Section 2 andSchedule.
(3) It shall come into force onsuch 1 date as the Central Government may, by notificationin the Official Gazette appoint.
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1. 1-6-1927; Refer Gazette of India, 1927, Pt.I, p.467.
2.Definitions: In this Act 2 [‘the appropriate Government’ means, in relation net to TradeUnions whose objects are not confined to one State, the Central Government, andin relation to other Trade Unions, the State Government, and], unless there isanything repugnant in the subject or context, –
(a) "executive" meansthe body, by whatever name called, to which the management of the affairs of aTrade Union is entrusted;
(b) "[office-bearer]"in the case of a Trade Union includes any member of the executive thereof; butdoes not include an auditor;
(c) "prescribed"means prescribed by regulations made under this Act;
(d) "registeredoffice"’ means that office of a Trade Union which is registered under thisAct as the head office thereof;
(e) "registered TradeUnion" means a Trade Union registered under this Act;
1 [(f) "Registrar"means-
(i) a Registrar of Trade Unionsappointed by the Appropriate Government under section 3, and includes anyAdditional or Deputy Registrar of Trade Union; and
(ii) in relation to any TradeUnion, the Registrar appointed for the State in which the head or registeredoffice, as the case may, be of the Trade Union is situated.]
(g) "trade dispute"means any dispute between employers and workmen or between workmen and workmen, or between employers and employerswhich is connected with the employment or non–employment, or the termsof employment or the conditions of labour, of any person, and"workmen" means all persons employed in trade or industry whether ornot in the employment of the employer with whom the trade dispute arises; and
(h) "Trade Union"means any combination, whether temporary or permanent, formed primarily for thepurpose of regulating the relations between workmen and employers or betweenworkmen and workmen, or between employers and employers, or for imposingrestrictive conditions on the conduct of any trade or business, and includesany federation of two or more Trade Unions:
Provided that this Act shallnot affect –
(i) any agreement betweenpartners as to their own business;
(ii) any agreement between anemployer and those employed by him as to such employment; or
(iii) any agreement inconsideration of the sale of the goodwill of a business or of instruction inany profession, trade or handicraft.
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1. Substituted for the formerclause (f) by the Indian Trade Unions (Amendment) Act, 1960 (42 of 1960)Section 3.
2. Substituted for "L.G."by the A.O.1937.
CHAPTER II
REGISTRATION OF TRADE UNIONS
3.Appointment of Registrars: 1 [(1)] 2 [Theappropriate Government] shall appoint a person to be the Registrar of TradeUnions for 3 [each State].
1 [(2) The appropriate Government may appoint as many Additionaland Deputy Registrars of Trade Unions as it thinks fit for the purpose ofexercising and discharging, under the superintendence and direction of theRegistrar, such powers and functions of the Registrar under this Act as it may,by order, specify and define the local limits within which any such Additionalor Deputy Registrar shall exercise and discharge the powers and functions sospecified.
(3) Subject to the provisionsof any order under sub-section (2), where an Additional or Deputy Registrarexercises and discharges the powers and functions of a Registrar in an areawithin which the registered office of a Trade Union is situated, the Additionalor Deputy Registrar shall be deemed to be the Registrar in relation to theTrade Union for the purposes of this Act.]
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1. Section 3 renumbered asSub-section (1) and sub-sections (2) and (3) inserted by the Indian TradeUnions (Amendment) Act, 1960 (42 of 1960) Section 4.
2. Substituted for "L.G."by the A.O.1937.
3. Substituted for "theProvince" by the A.O.1937.
4.Mode of Registration: 1 [(1)] Any seven or more members of a Trade Union may, bysubscribing their names to the rules of the Trade Union and by otherwiseregistration complying with the provisions of this Act with respect toregistration, apply for registration of the Trade Union under this Act.
1 [(2) Where an application has been made under sub-section (1) forthe registration of a Trade Union, such application shall not be deemed to havebecome invalid merely by reason of the fact that, at any time after the date ofthe application, but before the registration of the Trade Union, some of theapplicants, but not exceeding half of the total number of persons who made theapplication, have ceased to be members of the Trade union or have given noticein writing to the Registrar dissociating themselves from the application.]
2 [Provided that no Trade Union of workmen shall be registeredunless 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 connectedare the members of such Trade Union on the date of making of application forregistration:
Provided further that no TradeUnion of workmen shall be registered unless it has on the date of makingapplication not less than seven persons as its members, who are workmen engagedor employed in the establishment or industry with which it is connected.]
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1.Section 4 renumbered as Sub-section (1) and sub-sections (2) inserted by theIndian Trade Unions (Amendment) Act, 1960 (42 of 1960) Section 5.
2. TheProvisos are inserted by the Trade Unions (Amendment) Act, 2001 (31 of 2001) Section 2.
5.Applicationfor Registration: (1) Every application for registration ofa Trade Union shall be made to the Registrar, and shall be accompanied by acopy of the rules of the Trade Union and a statement of the followingparticulars, namely: –
(a) thenames, occupations and addresses of the members making the application;
1 [(aa) in the case of a Trade Union of workmen, thenames, occupations and addresses of the place of work of the members of theTrade Union making the application;]
(b) thename of the Trade Union and the address of its head office; and
(c) thetitles, names, ages, addresses and occupations of the 2[office-bearers] of the Trade Union.
(2)Where a Trade Union has been in existence for more than one year before themaking of an application for its registration, there shall be delivered to theRegistrar, together with the application, a general statement of the assets andliabilities of the Trade Union prepared in such form and containing suchparticulars as may be prescribed.
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1.Clause (aa) inserted by the Trade Unions (Amendment) Act, 2001 (31 of 2001) Section 3.
2.Substituted for the word "officer" or "officers" by theIndian Trade Unions (Amendment) Act, 1964 (38 of 1964) Section 3.
6.Provisionsto be contained in the rules of a Trade Union: A Trade Union shall not beentitled to registration under this Act, unless the executive thereof isconstituted in accordance with the provisions of this Act, and the rulesthereof provide for the rules following matters, namely: –
(a) thename of the Trade Union;
(b) thewhole of the objects for which the Trade Union has been established;
(c) thewhole of the purposes for which the general funds of the Trade Union shall beapplicable, all of which purposes shall be purposes to which such funds arelawfully applicable under this Act;
(d) themaintenance of a list of the members of the Trade Union and adequate facilitiesfor the inspection thereof by the 1 [office-bearers]and members of the Trade Union;
(e) theadmission of ordinary members who shall be persons actually engaged or employedin an industry with which the Trade Union is connected, and also the admissionof the number of honorary or temporary members as 1[office-bearers] required under section 22 to form the executive of the TradeUnion;
2 [(ee) the payment of a minimum subscription bymembers of the Trade Union which shall not be less than –
(i) one rupee per annum forrural workers ;
(ii) three rupees per annum forworkers in other unorganised sectors; and (iii) twelve rupees per annum forworkers in any other case;]
(f) theconditions under which any member shall be entitled to any benefit assured bythe rules and under which any fine or forfeiture may be imposed on the members;
(g) themanner in which the rules shall be amended, varied or rescinded;
(h) themanner in which the members of the executive and the other 1[office-bearers] of the Trade Union shall be
3 [elected] and removed;
4 [(hh) the duration of period being not more thanthree years, for which the members of the executive and other office-bearers ofthe Trade Union shall be elected.]
(i) thesafe custody of the funds of the Trade Union, an annual audit, in such manneras may be prescribed, of the accounts thereof, and adequate facilities for theinspection of the account books by the 1[office-bearers] and members of the Trade Union; and
(j) themanner in which the Trade Union may be dissolved.
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1. Substitutedfor the word "officer" or "officers" by the Indian TradeUnions (Amendment) Act, 1964 (38 of 1964) Section 2.
2.Substituted for the Clause (ee) by the Trade Unions (Amendment) Act, 2001 (31 of 2001)Section 4 (a), Clause (ee) was inserted by the Indian Trade Unions(Amendment) Act, 1960 (42 of 1960) Section 6.
3.Substituted for the word "appointed" by the Trade Unions (Amendment) Act, 2001 (31 of 2001)Section 4 (b).
4. Clause (hh) inserted by theTrade Unions (Amendment) Act, 2001 (31 of 2001) Section 4 (c).
7.Powerto call for further particulars and to require alteration of name: (1)The Registrar may call for further information for the purpose of satisfyinghimself that any application complies with the provisions of section 5, or thatthe Trade Union is entitled to registration under section 6, and may refuse toregister the Trade Union until such information is supplied.
(2) Ifthe name under which a Trade Union is proposed to be registered is identicalwith that by which any other existing Trade Union has been registered or, inthe opinion of the Registrar, so nearly resembles such name as to be likely todeceive the public or the members of either Trade Union, the Registrar shallrequire the persons applying for registration to alter the name of the TradeUnion stated in the application, and shall refuse to register the Union untilsuch alteration has been made.
8.Registration: TheRegistrar, on being satisfied that the Trade Union has complied with all therequirements of this Act in regard to registration, shall register the TradeUnion by entering in a register, to be maintained in such form as may beprescribed, the particulars relating to the Trade Union contained in thestatement accompanying the application for registration.
9.Certificateof registration: The Registrar on registering a Trade Union undersection 8, shall issue a certificate of registration in the prescribed formwhich shall be conclusive evidence that the Trade Union has been dulyregistered under this Act.
1 [9A.Minimum requirement aboutmembership of a Trade Union: A registered Trade Union of workmen shall at all times continueto have not less than ten per cent. or one hundred of the workmen, whichever isless, subject to a minimum of seven, engaged or employed in an establishment orindustry with which it is connected, as its members.]
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1. Section 9A inserted by theTrade Unions (Amendment) Act, 2001 (31 of 2001) Section 5.
10.Cancellationof registration: A certificate of registration of a Trade Union may bewithdrawn or cancelled by the Registrar –
(a) onthe application of the Trade Union to be verified in such manner as may beprescribed, or
(b) ifthe Registrar is satisfied that the certificate has been obtained by fraud ormistake, or that the Trade Union has ceased to exist or has wilfully and afternotice from the Registrar contravened any provision of this Act or allowed anyrule to continue in force which is inconsistent with any such provision, or hasrescinded any rule providing for any matter provision for which is required bysection 6:
1 [(c) if the Registrar is satisfied that a registeredTrade Union of workmen ceases to have the requisite number of members.]
Providedthat not less than two months’ previous notice in writing specifying the groundon which it is proposed to withdraw or cancel the certificate shall be given bythe Registrar to the Trade Union before the certificate is withdrawn orcancelled otherwise than on the application of the Trade Union.
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1.Clause (c) inserted by the Trade Unions (Amendment) Act, 2001 (31 of 2001) Section 6.
1 [11.Appeal: (1) Anyperson aggrieved by any refusal of the Registrar to register a Trade Union orby the withdrawal or cancellation of a certificate of registration may, withinsuch period as may be prescribed, appeal –
(a)where the head office of the Trade Union is situated within the limits of aPresidency–town 2 [*], to the High Court,or
3 [(aa) where the head office is situated in an area,failing within the jurisdiction of a Labour Court or an Industrial Tribunal, tothat Court or Tribunal, as the case may be;]
(b)where the head office is situated in any other area, to Such Court, notinferior to the Court of an additional or assistant Judge of a principal CivilCourt of original jurisdiction, as the 4[appropriate Government] may appoint in this behalf for that area.
(2) Theappellate Court may dismiss the appeal, or pass an order directing theRegistrar to register the Union and to issue a certificate of registrationunder the provisions of section 9 or setting aside the order for withdrawal orcancellation of the certificate, as the case may be, and the Registrar shallcomply with such order.
(3) Forthe 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 itfollows and has when trying a suit under the Code of Civil Procedure, 1908, andmay direct by whom the whole or any part of the costs of the appeal shall bepaid, and such costs shall be recovered as if they had been awarded in a suitunder the said Code.
(4) Inthe 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 tothe High Court, and the High Court shall, for the purpose of such appeal, haveall the powers of an appellate Court under sub–sections (2) and (3), andthe provisions of those sub–sections shall apply accordingly.]
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1. Substitutedfor the original section by Act 15 of 1928, Section 2.
2. Thewords "or of Rangoon"repealed by the A.O.1937.
3.Clause (aa) inserted by the Trade Unions (Amendment) Act, 2001 (31 of 2001) Section 7.
4.Substituted for "L.G." by the A.O.1937.
12.Registeredoffice: Allcommunications and notices to a registered Trade Union may be addressed to itsregistered office. Notice of any change in the address of the headoffice shall be given within fourteen days of such change to the Registrar inwriting, and the changed address shall be recorded in the register referred toin section 8.
13.Incorporationof registered Trade Unions: Every registered Trade Union shall be abody corporate by the name under which it is registered, and shall haveperpetual succession and a common seal with power to acquire and hold bothmovable and immovable property and to contract, and shall by the said name sueand be sued.
14.CertainActs not to apply to registered Trade Unions: The following Acts, namely:-
(a) TheSocieties Registration Act, 1860 (21 of 1860),
(b) TheCo–operative Societies Act.1912 (2 of 1912),
1 [*] and
2 [(c) The Companies Act, 1956 (1 of1956).]
shallnot apply to any registered Trade Union, and the registration of any such TradeUnion under any such Act shall be void.
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1. Item(c) and (d) repealed by act 25 of 1942, Section 2 and Schedule I.
2.Substituted for the original Clause (c) by the Indian Trade Unions (Amendment)Act, 1960 (42 of 1960) Section 7.
CHAPTER III
RIGHTS AND LIABILITIES OF REGISTERED TRADEUNIONS
15.Objectson which general Funds may be spent: The general funds of aregistered Trade on what Union shall not be spent on any other objects than thefollowing, namely: –
(a) thepayment of salaries, allowances and expenses to 1[office-bearers] of the Trade Union;
(b) thepayment of expenses for the administration of the Trade Union, including auditof the accounts of the general funds of the Trade Union;
(c) theprosecution or defence of any legal proceeding to which the Trade Union or anymember thereof is a party, when such prosecution or defence is undertaken forthe purpose of securing or protecting any rights of the Trade Union as such orany rights arising out of the relations of any member with his employer or witha person whom the member employs;
(d) theconduct of trade disputes on behalf of the Trade Union or any member thereof;
(e) thecompensation of members for loss arising out of trade disputes;
(f)allowances to members or their dependants on account of death, old age,sickness, accidents or unemployment of such members;
(g)allowances to members or their dependants on account of assurance on the livesof members, or under policies insuring members against sickness, accident orunemployment;
(h) theprovision of educational, social or religious benefits for members (includingthe payment of the expenses of funeral or religious ceremonies for deceasedmembers) or for the dependants of members;
(i) theupkeep of a periodical published mainly for the purpose of discussing questionsaffecting employers or workmen as such;
(j) thepayment, in furtherance of any of the objects on which the general funds of theTrade Union may be spent, of contributions to any cause intended to benefit workmenin general, provided that the expenditure in respect of such contributions inany financial year shall not at any time during that year be in excess of one–fourthof the combined total of the gross income which has up to that time accrued tothe general funds of the Trade Union during that year and of the balance at thecredit of those funds at the commencement of that year; and
(k)subject to any conditions contained in the notification, any other objectnotified by the 2 [appropriate Government] in the OfficialGazette.
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1.Substituted for the word "officer" or "officers" by theIndian Trade Unions (Amendment) Act, 1964 (38 of 1964) Section 2.
2.Substituted for the letters and words for "G.G.in C."by the A.O.1937.
16.Constitutionof a separate fund for political purposes: (1) A registered TradeUnion may constitute a separate fund, from contributions separately levied foror made to that fund, from which payments may he made, for the promotion of thecivil and political interests of its members, in furtherance of any of theobjects specified in sub–section (2).
(2) Theobjects referred to in sub–section (1) are: –
(a) thepayment of any expenses incurred either directly or indirectly, by acandidate or prospective candidate for election as a member of any legislativebody constituted under the Government of India Act, 1 [or 2[*]] 3[2[*]the Constitution] or of any local authority, before, during, or after theelection in connection with his candidature or election; or
(b) theholding of any meeting or the distribution of any literature or documents insupport of any such candidate or prospective candidate; or
(c) themaintenance of any person who is a member of any legislative body constitutedunder the Government of India Act, 1[or 2[*]] 3[ 2 [*]the Constitution] or of any local authority; or
(d) theregistration of electors or the selection of a candidate for any legislativebody constituted under the Government of India Act, 1 [or 2[*]] 3 [2 [*]the Constitution] or for any local authority; or
(e) theholding of political meetings of any kind, or distribution of politicalliterature or political documents of any kind.
4 [(2A)In its application to the State of Jammu and Kashmir, references in sub-section(2) to any legislative body constituted under the Constitution shall beconstrued as including references to the Legislature of that State.]
(3) Nomember shall be compelled to contribute to the fund constituted under sub–section(1); and a member who does not contribute to the said fund shall not beexcluded from any benefits of the Trade Union, or placed in any respect eitherdirectly or indirectly under any disability or at any disadvantage as comparedwith other members of the Trade Union (except in relation to the control ormanagement of the said fund) by reason of his not contributing to the saidfund; and contribution to said fund shall not be made a condition for admissionto the Trade Union.
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1.Inserted by the A.O.1937.
2. Thewords "the Government of India Act, or the Government of India Act, 1935,or" by the Indian Trade Unions (Amendment) Act, 1960 (42 of 1960) Section8.
3.Inserted by the A.O.1950.
4.Sub-section (2A) inserted by the Central Labour Laws (Extension to Jammu andKashmir) Act, 1970 (51 of 1970) Section 2 and Schedule.
17.Criminalconspiracy in trade disputes: No [office-bearer] or member of aregistered Trade Union shall be liable to punishment under sub–section(2) of section 120B of the Indian Penal Code, in respect of any agreement madebetween the members for the purpose of furthering any such object of the TradeUnion as is specified in section 15, unless the agreement is an agreement tocommit an offence.
18.Immunityfrom civil suit in certain cases: (1) No suit or other legal proceedingshall be maintainable in any Civil Court against any registered Trade Union orany [office-bearer] or member thereof in respect of any act done incontemplation or furtherance of a trade dispute to which a member of the TradeUnion is a party on the ground only that such act induces some other person tobreak a contract of employment, or that it is in interference with the trade,business or employment of some other person or with the right of some other personto dispose of his capital or of his labour as he wills.
(2) Aregistered Trade Union shall not be liable in any suit or other legalproceeding in any Civil Court in respect of any tortious act done incontemplation or furtherance of a trade dispute by an agent of the Trade Unionif it is proved that such person acted without the knowledge of, or contrary toexpress instructions given by, the executive of the Trade Union.
19.Enforceabilityof agreement: Notwithstanding anything contained in any other lawfor the time being in force, an agreement between the members of a registeredTrade Union shall not be void or voidable merely by reason of the fact that anyof the objects of the agreement are in restraint of trade:
Providedthat nothing in this section shall enable any Civil Court to entertain anylegal proceeding instituted for the express purpose of enforcing or recoveringdamages for the breach of any agreement concerning the conditions on which anymembers of a Trade Union shall or shall not sell their goods, transactbusiness, work, employ or be employed.
20.Rightto inspect books of Trade Union: The account books of a registered TradeUnion and the list of members thereof shall be open to inspection by an[office-bearer] or member of the Trade Union at such times as may be providedfor in the rules of the Trade Union.
21.Rightsof minors to membership of Trade Unions: Any person who has attainedthe age of fifteen years may be a member of a registered Trade Union subject toany rules of the Trade Union to the contrary, and may subject as aforesaid,enjoy all the rights of a member and execute all instruments and give allacquittances necessary to be executed or given under the rules:
1[*]
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1. TheProviso omitted by the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964)Section 4.
1 [21A.Disqualificationsof officer-bearers of Trade Unions: (1) A person shall be disqualified forbeing chosen as, and for being, a member of the executive or any otheroffice-bearer of a registered Trade Union if-
(i) hehas not attained the age of eighteen years;
(ii) hehas been convicted by a Court in India of any offence involving moral turpitudeand sentenced to imprisonment, unless a period of five years has elapsed sincehis release.
(2) Any member of the executive or otheroffice-bearer of a registered Trade Union who, before the commencement of theIndian Trade Unions (Amendment) Act, 1964, has been convicted of any offenceinvolving moral turpitude and sentenced to imprisonment, shall on the date ofsuch commencement cease to be such member of office-bearer unless a period offive years has elapsed since his release before that date.]
2 [(3)In its application to the State of Jammu and Kashmir, reference in sub-section(2) to the commencement of the Indian Trade Unions (Amendment) Act, 1964, (38of 1964) shall be construed as reference to the commencement of this Act in thesaid State.]
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1.Section 21A inserted by the Indian Trade Unions (Amendment) Act, 1964 (38 of1964) Section 5.
2.Sub-section (3) inserted by the Central Labour Laws (Extension to Jammu andKashmir) Act, 1970 (51 of 1970) Section 2 and Schedule.
1 [22.Proportion of office-bearersto be connected with the industry: (1) Not less than one-half of the total number of theoffice-bearers of every registered Trade Union in an unorganised sector shallbe persons actually engaged or employed in an industry with which the TradeUnion is connected: –
Provided that the appropriateGovernment may, by special or general order, declare that the provisions ofthis section shall not apply to any Trade Union or class of Trade Unionsspecified in the order.
Explanation: For thepurposes of this section, "unorganised sector" means any sector,which the appropriate Government may, by notification in the Official Gazette,specify.
(2) Save as otherwise providedin sub-section (1), all office-bearers of a registered Trade Union, except notmore than one-third of the total number of the office-bearers or five,whichever is less, shall be persons actually engaged or employed in theestablishment or industry with which the Trade Union is connected.
Explanation: For thepurposes of this sub-section, an employee who has retired or has beenretrenched shall not be construed as outsider for the purpose of holding anoffice in a Trade Union.
(3) No member of the Council ofMinisters or a person holding an office of profit (not being an engagement oremployment in an establishment or industry with which the Trade Union isconnected), in the Union or a State, shall be a member of the executive orother office-bearer of a registered Trade Union.]
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1. Substituted for the formerSection 21 by the Trade Unions (Amendment) Act, 2001 (31 of 2001) Section 8.
23.Changeof name: Anyregistered Trade Union may, with the consent of not less than two–thirds of the totalnumber of its members and subject to the provisions of section 25, change itsname.
24.Amalgamationof Trade Unions: Any two or more registered Trade Unions may becomeamalgamated together as one Trade Union with or without dissolution or divisionof the funds of such Trade Unions or either or any of them, provided that thevotes of at least one–half of the members of each or every such TradeUnion entitled to vote are recorded, and that at least sixty percent ofthe votes recorded are in favour of the proposal.
25.Noticeof change of name or amalgamation: (1) Notice in writing of every change ofname and of every amalgamation, signed, in the case of a change of name, by theSecretary and by seven members of the Trade Union changing its name, and, inthe case of an amalgamation, by the Secretary and by seven members of each andevery Trade Union which is a party thereto, shall be sent to the Registrar, andwhere the head office of the amalgamated Trade Union is situated in a differentState, to the Registrar of such State.
(2) Ifthe proposed name is identical with that by which any other existing TradeUnion has been registered or, in the opinion of the Registrar, so nearlyresembles such name as to be likely to deceive the public or the members ofeither Trade Union, the Registrar shall refuse to register the change of name.
(3)Save as provided in sub–section (2), the Registrar shall, if he issatisfied that the provisions of this Act in respect of change of name havebeen complied with, register the change of name in the register referred to insection 8, and the change of name shall have effect from the date of suchregistration.
(4) TheRegistrar of the State in which the head office of the amalgamated Trade Unionis situated shall, if he is satisfied that the provisions of this Act inrespect of amalgamation have been complied with and that the Trade Union formedthereby is entitled to registration under section 6, register the Trade Unionin the manner provided in section 8, and the amalgamation shall have effectfrom the date of such registration.
26.Effectsof change of name and of amalgamation: (1) The change in the nameof a registered Trade Union shall not affect any rights or obligations of theTrade Union or render, defective any legal proceeding by or against the TradeUnion, and any legal proceeding which might have been continued or commenced byor against it by its former name may be continued or commenced by or against itby its new name.
(2) Anamalgamation of two or more registered Trade Unions shall not prejudice anyright of any of such Trade Unions or any right of a creditor of any of them.
27.Dissolution: (1) Whena registered Trade Union is dissolved, notice of the dissolution signed byseven members and by the Secretary of the Trade Union shall, within fourteendays of the dissolution, be sent to the Registrar, and shall be registered byhim if he is satisfied that the dissolution has been effected in accordancewith the rules of the Trade Union, and the dissolution shall have effect fromthe date of such registration.
(2)Where the dissolution of a registered Trade Union has been registered and therules of the Trade Union do not provide for the distribution of funds of theTrade Union on dissolution, the Registrar shall divide the funds amongst themembers in such manner as may be prescribed.
28.Returns:(1)There shall be sent annually to the Registrar, on or before such date as may beprescribed, a general statement, audited in the prescribed manner, of allreceipts and expenditure of every registered Trade Union during the year endingon the 31st day of 1 [December] next precedingsuch prescribed date, and of the assets and liabilities of the Trade Unionexisting on such 31st day of 1 [December]. Thestatement shall be prepared in such form and shall comprise such particulars asmay be prescribed.
(2)Together with the general statement there shall be sent to the Registrar astatement showing all changes of 2 [office-bearers] made bythe Trade Union during the year to which the general statement refers, togetheralso with a copy of the rules of the Trade Union corrected up to the date ofdespatch thereof to the Registrar.
(3) Acopy of every alteration made in the rules of a registered Trade Union shall besent to the Registrar within fifteen days of the making of the alteration.
3 [(4)For the purpose of examining the documents referred to in sub-sections (1), (2)and (3), the Registrar, or any 2 [office-bearer] authorisedby him, by general or special order, may at all reasonable times inspect thecertificate of registration, account books, registers and other documents,relating to a Trade Union at its registered office or may require theirproduction at such place as he may specify in this behalf, but no such placeshall be at a distance of more than ten miles form the registered office of aTrade Union.]
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1.Substituted for the word "March" by the Indian Trade Unions(Amendment) Act, 1964 (38 of 1964) Section 6.
2.Substituted for the word "officer" or "officers" by theIndian Trade Unions (Amendment) Act, 1964 (38 of 1964) Section 2.
3.Sub-section (4) inserted by the Indian Trade Unions (Amendment) Act, 1960 (42of 1960) Section 9.
CHAPTER IV
REGULATIONS
29.Powerto make regulations: (1) 1[*] The 2 [appropriate Government] may makeregulations for the purpose of carrying into effect the provisions of this Act.
(2) Inparticular and without prejudice to the generality of the foregoing power, suchregulations may provide for all or any of the following matters, namely: –
(a) themanner in which Trade Unions and the rules of Trade Unions shall be registeredand the fees payable on registration;
(b) thetransfer of registration in the case of any registered Trade Union which haschanged its head office from one State to another;
(c) themanner in which, and the qualifications of persons by whom, the accounts ofregistered Trade Unions or of any class of such Unions shall be audited;
(d) theconditions subject to which inspection of documents kept by Registrars shall beallowed and the fees which shall be chargeable in respect of such inspections;and
(e) anymatter which is to be or may be prescribed.
3
[(3) Every notification made by the Central Government undersub-section (1) of section 22, and every regulation made by it undersub-section (1), shall be laid, as soon as may be after it is made, before eachHouse of Parliament, while it is in session, for a total period of thirty dayswhich may be comprised in one session or in two or more successive sessions,and if, before the expiry of the session immediately following the session orthe successive sessions aforesaid, both Houses agree in making any modificationin the notification or regulation, or both Houses agree that the notificationor regulation should not be made, the notification or regulation shallthereafter have effect only in such modified form or be of no effect, as thecase may be, so however, that any such modification or annulment shall bewithout prejudice to the validity of anything previously done under thatnotification or regulation.
(4) Every notification made bythe State Government under sub-section (1) of section 22 and every regulationmade by it under sub-section (1) shall be laid, as soon as may be after it ismade, before the State Legislature.]
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1. Thewords "Subject to the control of the G.G.in C."repealed by the A.O.1937.
2.Substituted for "L.G." by the A.O.1937.
3.Sub-sections (3) and (4) inserted by the Trade Unions (Amendment) Act, 2001 (31 of 2001)Section 9.
30.Publicationof regulations: (1) The power to make regulations conferred bysection 29 is subject to the condition of the regulations being made afterprevious publication.
(2) Thedate to be specified in accordance with clause (3) of section 23 of the GeneralClauses Act, 1897 (10 of 1897), as that after which a draft of regulationsproposed to be made will be taken into consideration shall not be less thanthree months from the date on which the draft of the proposed regulations waspublished for general information.
(3)Regulations so made shall be published in the Official Gazette, and on suchpublication shall have effect as if enacted in this Act
CHAPTER V
PENALTIES AND PROCEDURE
31.Failureto submit returns: (1) If default is made on the part of anyregistered Trade Union in giving any notice or sending any statement or otherdocument as required by or under any provision of this Act, every[office-bearer] or other person bound by the rules of the Trade Union to giveor send the same, or, if there is no such [office-bearer] or person, everymember of the executive of the Trade Union, shall be punishable with fine whichmay extend to five rupees and, in the case of a continuing default, with anadditional fine which may extend to five rupees for each week after the firstduring which the default continues:
Providedthat the aggregate fine shall not exceed fifty rupees.
(2) Anyperson who wilfully makes, or causes to be made, any false entry in, or anyomission from, the general statement required by section 28, or in or from anycopy of rules or of alterations of rules sent to the Registrar under thatsection, shall be punishable with fine which may extend to five hundred rupees.
32.Supplyingfalse information regarding Trade Unions: Any person who, with intent to deceive, givesto any member of a registered Trade Union or to any person intending orapplying to become a member of such Trade Union any document purporting to be acopy of the rules of the Trade Union or of any alterations to the same which heknows, or has reason to believe, is not a correct copy of such rules oralterations as are for the time being in force, or any person who, with thelike intent, gives a copy of any rules of an unregistered Trade Union to anyperson on the pretence that such rules are the rules of a registered TradeUnion, shall be punishable with fine which may extend to two hundred rupees.
33.Cognizanceof offences: (1) No Courtinferior to that of a Presidency Magistrate or a Magistrate of the first classshall try any offence under this Act.
(2) NoCourt shall take cognizance of any offence under this Act, unless complaintthereof has been made by, or with the previous sanction of, the Registrar or,in the case of an offence under section 32, by the person to whom the copy wasgiven, within six months of the date on which the offence is alleged to have beencommitted.
