OBJECTIVE:

Registration of TU
-Conditions
-Obligations
-rights and Liabilities

1
Prior to 20th century, trade union activities were
considered unlawful.
In 1920, Madras, the leaders of trade union of
binny & co. were imprisoned for bonafide trade
union activities.
Therefore, to protect them, Trade union Act 1926
was enacted and came into force with effect from
1st June, 1927.
Apply to only those unions registered under it.
Act extends to the whole of India except the
State of Jammu & Kashmir.

2
Registration of trade unions with the registrar of Trade
Unions.
Registered trade union shall be a body corporate and
shall have perpetual succession and a common seal.
It lays down:-
-rights and Liabilities
-Objects on which general funds of trade unions may be
spent
Immunity from civil suits in certain cases
Acts not applicable to registered trade unions:
-The Societies Registration Act,1860
-The Cooperative Societies Act,1912
-The companies Act,1956
3
Any “combination”(and not associations) whether
temporary or permanent.

Purpose is to regulate relations between:

-workmen and employers;
-workmen and workmen; or
-employers and employers

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CHAPTERS CONTENTS SECTIONS

I Title, extent & commencement of the 1 and 2

act along with important definitions

II Registration of TU 3 to 14

III Rights & Liabilities of registered trade 15 to 28

unions, Amalgamation and
Dissolution of TU
IV Powers to make regulations & its 29 and 30
publications

V Consequence of failure to submit 31 to 33

Returns,False Information regarding
TU
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 1) Appointment of registrars(Sec. 3)
-Appointed by “appropriate Government”
- appropriate Government can also appoint as many
additional and Deputy Registrars of trade unions.
-But limits will be defined by Registrar

2) Mode of registration(Sec. 4)
-Any 7 or more members of Trade Union can
subscribe to the charter of TU by application and
complying with the provisions of this Act.

Cease to Cease to Registration

Registration be a
be a is valid
is invalid member
member
8
 3) Application for Registration(Sec. 5)
-Application for registration of TU shall be made
to Registrar in comply with Rules and statement
of following particulars:

m ber
y me TU is
An hich d
e
to w ntrust
e

9
4) Provisions to be contained in the Rules of
Trade Unions(Sec. 6)
list of members of Whole of the objects
Name of TU TU and their for which the TU has
been established.
- inspection

admission of ordinary
Whole of the purpose members(employee) to
Payment of whome TU is connected
for which the general Manner for every
subscription 25
funds of the TU shall be appointment and removal of & the number of
paise/month/mem temporary members as
applicable. office-Bearer/
ber
Dissolve of TU office-beares(forms the
executive of TU)

Conditions under- Manner of

benefit entitled to Annual Audit of
members the account
books 10
5) Power to call for further particulars and to
require alterations of names(Sec. 7)

If TU is proposed to be registered is identical

with that by which any other existing

shall refuse to register TU until such alteration

has been made.

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6) Registration(Sec. 8)
Registrar, on being satisfied that the TU has
complied with all the requirements of this Act in regard
to registration, shall register the TU within a
period of 60 days from the date of such
compliance.
7) Certificate of registration
in the prescribed form which shall be conclusive
evidence that the Trade Union has been duly
registered under this Act.

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by the Registrar
- on the application of the TU
- certificate has been obtained by fraud or
mistake
- TU has ceased to exist or has wilfully and after
notice from the Registrar contravened any
provision of this Act
Provided that not less than 2 months previous notice in
writing specifying the ground on which it is proposed to
withdraw or cancel the certificate shall be given by the
Registrar to the Trade Union

13
Appeal to the high court by any person aggrieved
by any:-Refusal to register a TU by Registrar
:-Withdrawn or Cancellation of a certificate
Appeal within 60 days of the date on which the registrar
passed the order.

The appellate court may:

14
AII communications and notices to a registered
TU may be addressed to its registered office.

Notice of any change in the address of the head

office shall be given within 14 days of such change
to the Registrar in writing and the changed
address shall be recorded in the register referred
to in sec. 8,

15
Reg. TU becomes a legal entity distinct from its
members.
BODY PERPETUAL
COMMON SEAL
CORPORATE SUCCESSION

“Body corporate” means a succession

rights and duties distinct from those of the
individual persons

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Objects on which general funds may be spent
Constitution of a separate fund for political
purposes
Criminal conspiracy in trade disputes
Immunity from civil suit in certain cases
Enforceability of agreements
Right to inspect books of Trade Union
Rights of minors to membership of Trade
Unions

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Change of name:-consent of not less than two thirds
of the total number of its members and subject to the
provisions of section 25
Amalgamation of Trade Unions:-with or without
dissolution or division of the funds of such Trade
Unions,provided that:-

18
Notice of change of name or amalgamation

In writing & signed by Name Existing?

secretary & 7
members of TU

change of name &

Amalgamation
shall have effect
from the date of
such registration.

19
notice of the dissolution signed by 7 members
and by the Secretary of the TU shall, within 14
days of the dissolution be sent to the Registrar,

in accordance with the rules of the TU, and the

dissolution shall have effect from the date of such
registration.

the Registrar shall divide the funds amongst the

members as per the rules or as may be prescribed.
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