explain the procedure to be followed to register a trade

union under the trade unions act 1926?

o register a trade union under the Trade Unions Act, 1926, the following procedure
should be followed:

1. Application for registration: Seven or more members of a trade union must

submit an application for registration to the Registrar of Trade Unions in the
prescribed form. The application must be accompanied by a copy of the trade
union's rules and a statement of the assets and liabilities of the trade union.
2. Scrutiny of application: The Registrar of Trade Unions will scrutinize the
application and the accompanying documents. If the Registrar is satisfied that the
trade union has complied with all the requirements of the Act, the Registrar will
register the trade union.
3. Issuance of certificate of registration: The Registrar of Trade Unions will issue a
certificate of registration to the trade union. The certificate of registration will be
conclusive evidence that the trade union has been duly registered under the Act.

The following are the requirements for registering a trade union under the Trade Unions
Act, 1926:

 The trade union must have at least seven members.

 The trade union must have a set of rules that govern its operation.
 The trade union must have a registered office in India.
 The trade union must submit an application for registration to the Registrar of
Trade Unions in the prescribed form.

The following are the benefits of registering a trade union under the Trade Unions Act,
1926:

 Registered trade unions have the right to negotiate with employers on behalf of
their members.
 Registered trade unions have the right to organize strikes and protests.
 Registered trade unions have the right to represent their members in legal
proceedings.
 Registered trade unions are eligible for certain government benefits and
subsidies.
If you are a member of a trade union or are interested in forming a trade union, you
should contact the Registrar of Trade Unions in your state for more information on the
registration process.

NEXT QUESTION

Explain the general and political funds and their collection

under the trade unions act 1926.
Under the Trade Unions Act, 1926, a registered trade union can have two types of
funds: general fund and political fund.

General fund is used for the following purposes:

 To promote and organize the trade union

 To provide benefits to members, such as strike pay, unemployment benefits, and
sick benefits
 To meet the administrative expenses of the trade union

Political fund is used for the following purposes:

 To promote the civic and political interests of members

 To support candidates for election to the legislature or local bodies
 To hold meetings and distribute literature in support of candidates or political
issues

The general fund of a trade union is collected from the contributions of its members.
The political fund of a trade union is collected from the contributions of members who
have opted to contribute to the fund.

The Trade Unions Act, 1926, lays down the following rules for the collection of general
and political funds:

 No member of a trade union can be compelled to contribute to the political fund.

 Every member of a trade union must be given the opportunity to opt out of
contributing to the political fund.
  The trade union must maintain separate accounts for the general fund and the
political fund.
 The trade union must submit an annual statement of the general fund and the
political fund to the Registrar of Trade Unions.

The following are some examples of how the general and political funds of a trade union
can be used:

 The general fund can be used to pay for the salaries of trade union officials, to
organize protests and strikes, and to provide legal assistance to members.
 The political fund can be used to support candidates for election to the legislature
or local bodies, to hold meetings and distribute literature in support of candidates
or political issues, and to lobby the government on issues of concern to
members.

The general and political funds of a trade union are important sources of revenue for
trade unions. They allow trade unions to carry out their activities and to represent the
interests of their members.

NEXT QUESTION

change of name and amalgamation of trade union

Change of name of a trade union

Under the Trade Unions Act, 1926, a registered trade union can change its name by
following the following procedure:

1. The trade union must pass a resolution at a general meeting to change its name.
2. The trade union must send a notice of the resolution to the Registrar of Trade
Unions in the prescribed form.
3. The Registrar of Trade Unions will approve the change of name if the Registrar is
satisfied that the new name is not identical with the name of any other existing
trade union and that the change of name will not deceive the public or the
members of either trade union.
4. The Registrar of Trade Unions will issue a certificate of change of name to the
trade union.
Amalgamation of trade unions

Two or more registered trade unions can amalgamate into a single trade union by
following the following procedure:

1. The trade unions must pass resolutions at their respective general meetings to
amalgamate.
2. The trade unions must send a notice of the resolutions to the Registrar of Trade
Unions in the prescribed form.
3. The Registrar of Trade Unions will approve the amalgamation if the Registrar is
satisfied that the amalgamation will not deceive the public or the members of any
of the trade unions.
4. The Registrar of Trade Unions will issue a certificate of amalgamation to the new
trade union.

The following are some of the benefits of changing the name or amalgamating trade
unions:

 It can help to create a stronger and more united trade union movement.
 It can help to improve the visibility and recognition of the trade union.
 It can help to attract new members to the trade union.
 It can help to improve the efficiency and effectiveness of the trade union.

However, it is important to note that changing the name or amalgamating trade unions
can be a complex process. It is important to carefully consider all of the implications
before making a decision.

If you are a member of a trade union or are interested in forming a trade union, you
should contact the Registrar of Trade Unions in your state for more information on the
process of changing the name or amalgamating trade unions.

NEXT QUESTION

Cancellation certificate of registration of a trade union.

A cancellation certificate of registration of a trade union is a document issued
by the Registrar of Trade Unions (RTU) stating that the registration of a trade
union has been cancelled. This can happen for a number of reasons,
including:

 The trade union has ceased to exist.

 The trade union has violated the provisions of the Trade Unions Act,
1926.
 The trade union has obtained its registration by fraud or mistake.

If the RTU decides to cancel the registration of a trade union, the RTU must
give the trade union two months' notice of its intention to do so. The trade
union can then object to the cancellation and the RTU will hold a hearing to
consider the objection. If the RTU upholds its decision to cancel the
registration, the trade union will be issued with a cancellation certificate of
registration.

Once a trade union's registration is cancelled, the trade union loses all of its
rights and privileges as a registered trade union. This includes the right to
negotiate with employers, the right to organize strikes and protests, and the
right to represent its members in legal proceedings.

The cancellation of a trade union's registration can be a serious matter for the
trade union and its members. If you are a member of a trade union that is
facing cancellation, you should contact the RTU for more information on the
process and your rights.

Here are some of the consequences of having a trade union's registration

cancelled:

 The trade union will lose its legal status and will not be able to enforce
its contracts or represent its members in court.
 The trade union will lose its access to government funding and other
benefits.
 The trade union will be unable to negotiate with employers on behalf of
its members.
 The trade union will be unable to organize strikes or protests.
If you are a member of a trade union that is facing cancellation, you should
contact the RTU for more information on the process and your rights.

NEXT QUESTION

Explain the provisions relating to reference of an industrial

dispute
The provisions relating to the reference of an industrial dispute are contained in Section
10 of the Industrial Disputes Act, 1947. This section empowers the appropriate
government to refer any industrial dispute to a conciliation officer, board of conciliation,
labor court, industrial tribunal, or national tribunal for adjudication.

The appropriate government may refer a dispute on its own motion or on the application
of either party to the dispute. Before making a reference, the appropriate government
must be satisfied that there is a case for reference.

The following are the factors that the appropriate government may consider when
deciding whether or not to refer a dispute for adjudication:

 The nature of the dispute

 The number of workers involved in the dispute
 The impact of the dispute on the industry or community
 The likelihood of a settlement being reached through other means

Once the appropriate government has decided to refer a dispute for adjudication, it must
issue a notification in the official gazette specifying the name of the authority to which
the dispute is being referred. The notification must also specify the terms of reference,
i.e., the specific issues that the authority is to adjudicate.

The authority to which the dispute is referred is required to investigate the dispute and
make an award within a specified period of time. The award of the authority is binding
on both parties to the dispute.

The following are the benefits of referring an industrial dispute for adjudication:

 It provides a speedy and effective mechanism for resolving disputes.

 It helps to maintain industrial peace and harmony.
 It protects the rights and interests of workers.
  It helps to ensure that disputes are resolved in a fair and impartial manner.

However, it is important to note that the adjudication process can be time-consuming

and expensive. Therefore, it is important to try to resolve disputes through other means,
such as negotiation and conciliation, before resorting to adjudication.

Here are some examples of industrial disputes that can be referred for adjudication:

 Disputes over wages and allowances

 Disputes over working conditions
 Disputes over termination of employment
 Disputes over disciplinary action
 Disputes over union recognition and collective bargaining

If you are a worker or an employer involved in an industrial dispute, you should contact
the appropriate government to learn more about the process of referring the dispute for
adjudication.

NEXT QUESTION:

what is works committee under labor law?

A works committee under labor law is a joint committee of representatives of

workers and employers that is formed to promote industrial peace and
harmony and to improve the working conditions of workers. Works committees
are established under the Industrial Disputes Act, 1947, and are mandatory
for all industrial establishments with 100 or more employees.

The functions of a works committee include:

 To promote harmonious relations between workers and employers

 To discuss and resolve disputes between workers and employers
 To advise the employer on matters relating to the welfare of workers
 To suggest ways to improve working conditions and productivity
  To promote safety and health at work

Works committees play an important role in maintaining industrial peace and

harmony. They are a forum where workers and employers can come together
to discuss and resolve their problems. Works committees also help to promote
the welfare of workers by providing them with a voice in the decision-making
process.

Here are some of the benefits of having a works committee:

 It provides a platform for workers and employers to communicate and

resolve their differences.
 It helps to promote industrial peace and harmony.
 It improves the working conditions of workers.
 It increases productivity and efficiency.
 It reduces the number of industrial disputes.

If you are a worker or an employer in an industrial establishment with 100 or

more employees, you should consider forming a works committee. Works
committees can play a vital role in improving the working environment for
everyone involved

what is works committee under industrial disputes act

1947?

A works committee under the Industrial Disputes Act, 1947 is a joint committee of
representatives of workers and employers that is formed to promote industrial peace
and harmony and to improve the working conditions of workers.

Works committees are mandatory for all industrial establishments with 100 or more
employees. The employer must constitute the works committee in the prescribed
manner, and the representatives of the workers must be chosen in consultation with
their trade union, if any.

The functions of a works committee include:

 To promote harmonious relations between workers and employers

  To discuss and resolve disputes between workers and employers
 To advise the employer on matters relating to the welfare of workers
 To suggest ways to improve working conditions and productivity
 To promote safety and health at work

Works committees play an important role in maintaining industrial peace and harmony.
They are a forum where workers and employers can come together to discuss and
resolve their problems. Works committees also help to promote the welfare of workers
by providing them with a voice in the decision-making process.

Here are some of the benefits of having a works committee:

 It provides a platform for workers and employers to communicate and resolve

their differences.
 It helps to promote industrial peace and harmony.
 It improves the working conditions of workers.
 It increases productivity and efficiency.
 It reduces the number of industrial disputes.

If you are a worker or an employer in an industrial establishment with 100 or more

employees, you should consider forming a works committee. Works committees can
play a vital role in improving the working environment for everyone involved.

NEXT QUESTION:

what is AWARD in industrial disputes act 1947?

An award under the Industrial Disputes Act, 1947 is an interim or final determination of
an industrial dispute or of any question relating to such dispute by any Labour Court,
Industrial Tribunal, or National Industrial Tribunal. It also includes an arbitration award
made under Section 10A of the Act.

An award under the Industrial Disputes Act is binding on both parties to the dispute and
can be enforced in the same manner as a decree of a civil court.

Awards under the Industrial Disputes Act can cover a wide range of issues, including:

 Wages and allowances

  Working conditions
 Termination of employment
 Disciplinary action
 Union recognition and collective bargaining

Awards under the Industrial Disputes Act play an important role in resolving industrial
disputes and protecting the rights of workers. They also help to maintain industrial
peace and harmony.

Here are some examples of awards that can be made under the Industrial Disputes Act:

 An award directing an employer to reinstate a worker who has been wrongfully

terminated
 An award directing an employer to pay a worker their unpaid wages
 An award directing an employer to improve the working conditions in their factory
 An award directing an employer to recognize a trade union and bargain with it
collectively

If you are a worker or an employer involved in an industrial dispute, you may want to
consider seeking an award from a Labour Court, Industrial Tribunal, or National
Industrial Tribunal. Awards can be a valuable tool for resolving disputes and protecting
your rights.

What is lay off? Explain the circumstances in which the

laid off workmen are not entitled to layoff compensation.
A layoff is the temporary or permanent termination of employment due to a lack of work
or other economic conditions. Layoffs are often used by employers to reduce costs and
improve efficiency.

Under the Industrial Disputes Act, 1947, a laid-off workman is entitled to layoff
compensation if the following conditions are met:

 The workman must have been employed by the establishment for at least one
year.
 The workman must not be a badli workman (a temporary worker who replaces a
permanent worker).
 The layoff must be due to a shortage of work or other economic conditions.
  The workman must not be responsible for the shortage of work or other
economic conditions.

The amount of layoff compensation is equal to 50% of the workman's basic wages and
dearness allowance for the period of the layoff.

However, there are certain circumstances in which laid-off workmen are not entitled to
layoff compensation. These circumstances include:

 The workman is dismissed for misconduct.

 The workman voluntarily resigns from his employment.
 The workman is employed in a seasonal industry and the layoff is due to the off-
season.
 The workman is employed in a casual or intermittent occupation.
 The workman is employed in an establishment that is closed down permanently.

If you are a workman who has been laid off, you should contact the labor department in
your state to learn more about your rights and entitlements.

NEXT QUESTION:
what are the benefits available under ESI act?

The Employees' State Insurance (ESI) Act, 1948, provides a number of

benefits to insured employees and their families. These benefits include:

 Medical benefit: Insured employees and their families are entitled to free
medical treatment at ESI hospitals and dispensaries. This includes
treatment for general and specialized ailments, as well as maternity and
childcare.
 Sickness benefit: Insured employees who are unable to work due to
sickness are entitled to receive a sickness benefit. This benefit is paid at
a rate of 70% of the employee's wages for up to 91 days in a year.
 Maternity benefit: Insured women employees are entitled to receive a
maternity benefit for a period of 26 weeks. This benefit is paid at a rate
of 100% of the employee's wages.
  Disability benefit: Insured employees who are permanently disabled due
to an accident or illness are entitled to receive a disability benefit. This
benefit is paid at a rate of 90% of the employee's wages.
 Dependents' benefit: Dependants of insured employees who die are
entitled to receive a dependents' benefit. This benefit is paid at a rate of
60% of the employee's wages to the widow/widower and dependent
children.

In addition to these monetary benefits, the ESI Act also provides a number of
other benefits, such as:

 Funeral expenses: The ESI Corporation provides funeral expenses to

the family of an insured employee who dies.
 Vocational rehabilitation: The ESI Corporation provides vocational
rehabilitation to insured employees who are disabled and unable to
return to their previous job.
 Education grant: The ESI Corporation provides an education grant to
the children of insured employees who die.

The ESI Act is a valuable social security scheme that provides financial and
medical security to insured employees and their families. If you are an
employee who is covered by the ESI Act, you should be aware of the benefits
that you are entitled to.

NEXT QUESTION:
what are the provisions of annual leaves with wages under
factories act 1948?
The provisions of annual leaves with wages under the Factories Act, 1948 are
as follows:

 Every worker who has worked for a period of 240 days or more in a
factory during a calendar year shall be allowed during the subsequent
calendar year, leave with wages for a number of days calculated at the
rate of:
o One day for every twenty days of work performed by him if he is
an adult; or
o One day for every fifteen days of work performed by him if he is a
child.
 A worker whose service commences otherwise than on the first day of
January shall be entitled to leave with wages at the rate laid down in
clause (i) or, as the case may be, clause (ii) of sub-section (1) if he has
worked for two-thirds of the total number of days in the remainder of the
calendar year.
 The wages payable for the period of leave shall be at the rate of the
average daily wage for the days on which the worker was employed
during the month immediately preceding the month in which the leave is
taken.
 The leave allowed under this section shall be availed of by the worker
within the period of twelve months from the date on which it is due.
 The employer shall pay to the worker the wages for the period of leave
due to him before the worker proceeds on leave.
 If a worker is discharged or dismissed from service during the course of
a calendar year, he shall be entitled to leave with wages in proportion to
the period of service rendered by him during that year.

If a worker dies during the course of a calendar year, his heirs shall be entitled
to receive the wages for the period of leave due to him.

The provisions of annual leaves with wages under the Factories Act, 1948 are
important for workers as they provide them with a period of rest and
relaxation, which is necessary for their physical and mental well-being. These
provisions also help to improve the productivity of workers.
NEXT QUESTION:
describe the various deductions which may be lawfully
made by an employer under the payment aof wages act,
1936

Under the Payment of Wages Act, 1936, the following deductions may be
lawfully made by an employer from the wages of an employee:

 Fines: Fines may be imposed on an employee for acts of misconduct,

such as indiscipline, negligence, or damage to property. However, the
amount of the fine must be reasonable and the employee must be given
an opportunity to explain their conduct before a fine is imposed.
 Absence from duty: Deductions may be made for absence from duty,
but only if the employee is not entitled to leave with wages. The amount
of the deduction must be reasonable and the employee must be
informed of the deduction in advance.
 Damage to or loss of goods: Deductions may be made for damage to or
loss of goods entrusted to the employee, but only if the employee is
responsible for the damage or loss. The amount of the deduction must
be reasonable and the employee must be given an opportunity to
explain their case before a deduction is made.
 House-accommodation or other amenities or services
rendered: Deductions may be made for house-accommodation or other
amenities or services rendered to the employee by the employer, but
only if the employee agrees to the deduction in writing. The amount of
the deduction must be reasonable and the employee must be provided
with a statement of the deduction.
 Recovery of advances: Deductions may be made for the recovery of
advances made to the employee by the employer, but only if the
employee agrees to the deduction in writing. The amount of the
deduction must be reasonable and the employee must be provided with
a statement of the deduction.
 Payment to co-operative societies and insurance schemes: Deductions
may be made for the payment of contributions to co-operative societies
and insurance schemes, but only if the employee agrees to the
 deduction in writing. The amount of the deduction must be reasonable
and the employee must be provided with a statement of the deduction.

The total amount of deductions that can be made from an employee's wages
is limited to 50% of the wages, or 75% of the wages if the deductions are for
payments to co-operative societies.

It is important to note that employers are not allowed to make any deductions
from the wages of an employee for any other purpose than those listed above.
If an employer makes an unlawful deduction from an employee's wages, the
employee can complain to the labor department in their state.

NEXT QUESTION:
please send me short notes on the powers of Inspector
under the payments and wages act 1936.
The following are the powers of an Inspector under the Payments and Wages Act,
1936:

 Enter and inspect premises: An Inspector may enter any premises at any
reasonable hour to inspect the premises and any registers or documents relating
to the calculation or payment of wages.
 Examine persons: An Inspector may examine any person who is employed in the
premises or who has knowledge of the affairs of the establishment, and may
require such person to produce any documents or records for inspection.
 Seize documents: An Inspector may seize any documents or records that are
relevant to the investigation.
 Take copies: An Inspector may take copies of any documents or records that are
relevant to the investigation.
 Supervise payment of wages: An Inspector may supervise the payment of wages
to ensure that it is done in accordance with the law.

An Inspector's powers are necessary to ensure that the provisions of the Payments and
Wages Act are being complied with. The Act protects the rights of workers and ensures
that they are paid their wages on time and in full.

Here are some examples of how an Inspector may use their powers:
  An Inspector may enter a factory to inspect the wage registers and ensure that
workers are being paid in accordance with the law.
 An Inspector may examine a worker to learn about their working conditions and
wages, and to investigate any complaints that the worker may have.
 An Inspector may seize wage registers or other documents if they believe that
the employer is violating the law.
 An Inspector may take copies of wage registers or other documents to support
an investigation.
 An Inspector may supervise the payment of wages to ensure that workers are
paid on time and in full.

If you have any questions or concerns about the powers of an Inspector under the
Payments and Wages Act, 1936, you should contact the labor department in your state.