THE TRADE UNIONS ACT, 1926

1926 · State unknown · central · act_text

Sections (59)

26 · . .Effects of change of name and of amalgamation.

1 · Short title, extent and commencement.—(7) This Act may be called the **** Trade Unions Act, 1926.

2 · Definitions.—In this Act, '["the appropriate Government" means, in relation to Trade Unions whose objects are not confined to one State, the Central Government, and in relation to other Trade Unions, the State Government, and] unless there is anything repugnant in the subject or context,—

1 · This Act has been extended to Goa, Daman and Diu by Reg. 12 of 1962; to Pondicherry by Reg. 7 of 1963 (w.e.. 1-101963) and to Lakshadweep by Reg. 8 of 1965, s. 3 and Sch. This Act has been extended to Goa, Daman and Diu b

6 · 1st June, 1927, sec Gaze

8 · Subs. by Act 38 of 1964, s. 2, for “officer”

9 · Subs. by Act 42 of 1960, s. 3, for cl. (/).

3 · Appointment of Registrars—'[(/)] "[The appropriate Government] shall appoint a person to be be the Registrar of Trade Unions for *[each State].

4 · Mode of registration.—'[(/)] Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act.

5 · Application for registration.—(Z) Every application for registration of a Trade Union shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particular's, namely:—

4 · renumb

6 · Provisions to be contained in the rules of a Trade Union.—A Trade Union shall not be entitled to registration under this Act, unless the executive thereof is constituted in accordance with the provisions of this Act, and the rules thereof provide for the following matters, namely:—

7 · Power to call for further particulars and to require alteration of name.—(/) The Registrar may call for further information for the purpose of satisfying himself that any application complies with the provisions of section 5, or that the Trade Union is entitled to registration under section 6, and may refuse to register the Trade Union until such information is supplied.

1 · Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).

8 · Registration.—The Registrar, on being satisfied that the Trade Union has complied with all the requirements of this Act in regard to registration, shall register the Trade Union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the Trade Union contained in the statement accompanying the application for registration.

9 · Certificate of registration.—The Registrar, on registering a Trade Union under section 8, shall issue a certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act.

10 · Cancellation of registration.—A certificate of registration of a Trade Union may be withdrawn or cancelled by the Registrar—

1 · Subs. by Act 15 of 1928, s. 2, for section 1. 2.The words “or of Rangoon” omitted by

1 · Subs. by Act 15 of 1928, s. 2, for section 1. 2.The words “or of Rangoon” omitted by the A.O. 1937. 3.Subs., ibid., for “L.G.”

12 · Registered office.—All communications and notices to a registered Trade Union may be addressed to its registered office. Notice of any change in the address of the head office shall be given within fourteen days of such change to the Registrar in writing, and the changed address shall be recorded in the register referred to in section 8.

13 · Incorporation of registered Trade Unions.—Every registered Trade Union shall be a corporate by the name under which it is registered, and shall have perpetual succession and a body common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued.

14 · Certain Acts not to apply to registered Trade Unions.—The following Acts, namely:—

15 · Objects on which general funds may be spent.—The general funds of a registered Trade Union shall not be spent on any other objects than the following, namely:—

1 · Clauses (c) and (d) rep. by Act 25 of 1942, s. 2 and the First Schedule. 2.Subs. by Act 42 of 1960, s. 7, for clause (e)

1 · Clauses (c) and (d) rep. by Act 25 of 1942, s. 2 and t

16 · Constitution of a separate fund for political purposes.—(I) A registered Trade Union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of any of the objects specified in sub-section (2).

17 · Criminal conspiracy in trade disputes—No *[office-bearer] or member of a registered Trade Union shall be liable to punishment under sub-section (2) of section 120B of the Indian Penal Code (45 of 1860), in respect of any agreement made between the members for the purpose of furthering any such object of the Trade Union as is specified in section 15, unless the agreement is an agreement to commit an offence.

1 · Subs. by the A.O. 1937, for “G.G in C.”.

2 · The words "the Government of India Act" have been successively amended by the A.O. 1937, the A.O. 1950 and Act 42 of 1960 to read as above.

4 · Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).

18 · Immunity from civil suit in certain cases.—(7) No suit or other legal proceeding shall be maintainable in any Civil Court against any registered Trade Union or any '[office-bearer] or member thereof in respect of any act done in contemplation or furtherance of a trade dispute to which a member of the Trade Union is a party on the ground only that such act induces some other person to break 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 person to dispose of his capital or of his labour as he wills.

19 · Enforceability of agreements.—Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered Trade Union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade:

20 · Right to inspect books of Trade Union.—The account books of a registered Trade Union 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 provided for in the rules of the Trade Union.

21 · Rights of minors to membership of Trade Unions.—Any person who has attained the age of fifteen years may be a member of a registered Trade Union subject to any 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 all acquittances necessary to be executed or given under the rules.

22 · Proportion of office-bearers to be connected with the industry.—Not less than one-half of the total number of the '[office-bearers] of every registered Trade Union shall be persons actually engaged or employed in an industry with which the Trade Union is connected:

1 · Subs. by Act 38 of 1964, 5. 2, for “officer” (W.e.£. 1-4-1965). 2. The proviso omitted by s. 4, ibid. (w..f. 1-4-1965).

2 · The proviso omitted by s. 4, ibid. (w

1 · Subs. by Act 38 of 1964, 5. 2, for “officer” (W.e.£. 1-

2 · The proviso omitted by s. 4, ibid. (w..f. 1-4-1965). 3.1ns. bys. 5, ibid. (w.e.f. 1-4-1965).

23 · Change of name.—Any registered Trade Union may, with the consent of not less than two-thirds of the total number of its members and subject to the provisions of section 25, change its name.

24 · Amalgamation of Trade Unions.—Any two or more registered Trade Unions may become amalgamated together as one Trade Union with or without dissolution or division of the funds of such Trade Unions or either or any of them, provided that the votes of at least one-half of the members of each or every such Trade Union entitled to vote are recorded, and that at least sixty per cent. of the votes recorded are in favour of the proposal.

25 · Notice of change of name or amalgamation.—(/) Notice in writing of every change of name and of every amalgamation, signed, in the case of a change of name, by the Secretary and by seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the Secretary and by seven members of each and every Trade Union which is a party thereto, shall be sent to the Registrar, and where the head office of the amalgamated Trade Union is situated in a different State, to the Registrar of such State.

26 · Effects of change of name and of amalgamation.—(7) The change in the name of a registered Trade Union shall not affect any rights or obligations of the Trade Union or render defective any legal proceeding by or against the Trade Union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name.

27 · Dissolution.—(7) When a registered Trade Union is dissolved, notice of the dissolution signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of the dissolution, he sent to the Registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the Trade Union, and the dissolution shall have effect from the date of such registration.

1 · Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).

2 · Subs. by the A.O. 1937, for “L.G.”.

28 · Returns.—(/) There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 31st day of '[December] next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 31st day of '[December]. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed.

29 · Power to make regulations.—(7) **** the *[appropriate Government] may make regulations for the purpose of carrying into effect the provisions of this Act.

30 · Publication of regulations.—(/) The power to make regulations conferred by section 29 is subject to the condition of the regulations being made after previous publication.

1 · Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965). 2. Subs. by s. 2, ibid., for “officer” (w.e.f. 1-4-1963).

1 · Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f

2 · Subs. by s. 2, ibid., for “officer” (w.e.f. 1-4-1963).

4 · The words “Subject to the control of the G.G. in C.” omitted by the A.O. 1937. 5. Subs. ibid., for “L.G.”.

5 · Subs. ibid., for “L.G.”.

31 · Failure to submit returns.—(7) If default is made on the part of any regiatared Trade Union in giving any notice or sending any statement or other document 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 give or send the same, or, if there is no such '[office-bearer] or person, every member of the executive of the Trade Union, shall be 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 week after the first during which the default continues:

32 · Supplying false information regarding Trade Unions.—Any person who, with intent to deceive, gives to any member of a registered Trade Union or to any person intending or applying to become a member of such Trade Union any document purporting to be a copy of the rules of the Trade Union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the like intent, gives a copy of any rules of any unregistered Trade Union to any person on the pretence that such rules are the rules of a registered Trade Union, shall be punishable with fine which may extend to two hundred rupees.

33 · Cognizance of offences.—(Z) No Court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.

1 · Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).

Subordinates (6)

The Rajasthan Trade Union Regulations,1959

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Bihar and Orissa Trade Union Regulations, 1928] 1

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The Rajasthan Trade Union Regulations, 1959 Published vide Notification No E 1(76YLab /57, dated 2-2-1959, Published in Rajasthan Gazette Pa

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THE CENTRAL TRADE UNION REGULATIONS, 19381

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THE CENTRAL TRADE UNION REGUTATIONS, 1.9381

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Bihar and Orissa Trade Union Regulations, 1928]1

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