Implementation of settlements and awards.According to the
, 'trade union' means "any combination, whether temporary orpermanent, formed primarily for the purpose of regulating the relations between workmen andemployers or between workmen and workmen or between employers and employers, or for imposingrestrictive conditions on the conduct of any trade or business, and includes any federation of two ormore trade unions". The basic provisions of the Act are:-
The Act provides for the registration of the trade unions with the 'Registrars of Trade Unions' setup in different States, like the
set up by the Governmentof National Capital Territory of Delhi. For registration of a trade union, seven or more membersof the union can submit their application in the prescribed form to the Registrar of trade unions.The application shall be accompanied by a copy of the 'rules of the trade union' and a statementgiving the following particulars:- (i) Names, occupations and addresses of the members makingthe application; (ii)The name of the trade union and the address of its head office; (iii) Thetitles, names, ages, addresses and occupations of the office bearers of the trade union as perthe format given in
. The Registrar, on being satisfied that theUnion has complied with all the requirements of this Act, shall register the trade union.Thereafter, it shall issue a certificate of registration in the prescribed form as a conclusiveevidence of registration of that trade Union.
The registered trade unions (workers & employers) are required to submit annual statutoryreturns to the Registrar regarding their membership, general funds, sources of income anditems of expenditure and details of their assets and liabilities, which in turn submits aconsolidated return of their state in the prescribed proformae to
.The Labour Bureau on receiving the annual returns from differentStates/Union Territories, consolidates the all India statistics and disseminates them through its
'and its other regular publications.
The general funds of a registered trade union shall not be spent on any other objects than thosespecified in the Act. Also,a registered trade union may constitute a separate fund, fromcontributions separately levied for or made to that fund, for the promotion of the civic andpolitical interest of its members. No member shall be compelled to contribute to such fund and amember who does not contribute to the said fund shall not be excluded from any benefits of thetrade union, or placed in any respect either directly or indirectly under any disability or at anydisadvantage as compared with other members of the union by reason of his contribution to thesaid fund.
No office-bearer or member of a registered trade union shall be liable to punishment under theIndian Penal Code in respect of any agreement made between the members for the purpose of furthering any such object of the trade union as specified in the Act, unless the agreement is anagreement to commit an offence.
No suit or other legal proceeding shall be maintainable in any civil court against any registeredtrade union or any office-bearer or member thereof in respect of any act done in contemplationor furtherance of a trade dispute to which a member of the trade union is a party on the groundonly that such an act induces some other person to break a contract of employment, or that it isin interference with the trade, business or employment of some other person or with the right of some other person to dispose of his capital of his labour as he wills.
The account books of a registered trade union and the list of members thereof shall be open toinspection by an office-bearer or member of the trade union at such times as may be providedfor in the rules of trade union.
A person shall be disqualified for being chosen as, and for being a member of , the executive orany other office-bearer or registered trade union if- (i) he has not attained the age of eighteen