Professional Documents
Culture Documents
Total Section - 33
Chapter - 05
Came into - 1st June of 1927
force
Chapter- I Preliminary (S.1-2)
1. Short title, extent and commencement
2. Definitions
Chapter II Registration of Trade
Unions (S. 3-14)
3. Appointment of Registrars.
4. Mode of Registration.
5. Application for registration.
6. Provisions to be contained in the rule of a Trade Union.
7. Power to call for further particulars and to require alteration of
name.
8. Registration.
9. Certificate of registration.
10. Cancellation of registration.
11. Appeal.
12. Registered office.
13. Incorporation of registered Trade Unions.
14. Certain Acts not to apply to registered Trade Unions.
Chapter III Rights and liabilities of
registered trade unions (S.15-28)
15. Objects on which general funds may be spent.
16. Constitution of a separate fund of political purposes.
17. Criminal conspiracy in the trade disputes.
18. Immunity from civil suit in certain cases.
19. Enforceability of agreements.
20. Right to inspect books of Trade Unions.
21. Rights to minors to membership of Trade Unions.
21A. Disqualification of office bearers of Trade Union
22. Proportion of office-bearers to be connected with the industry.
23. Change of name.
24. Amalgamation of Trade Union.
25. Notice of change of name on amalgamation.
26. Effects of change of name, and of amalgamation.
27. Dissolution.
28. Returns
Chapter IV Regulations
(S. 29-30)
of any person.
Workmen
• “Workmen" means all persons employed
in trade or industry, and
• Whether or not in the employment of
the employer with whom the trade dispute
arises
Section. 2(h)- Trade Union
• "Trade Union" means combination,
whether temporary or permanent,
formed primarily for the purpose of regulating
the relations between
workmen and employers, or
between workmen and workmen, or
between employers and employers, or
for imposing restrictive condition on the conduct
of any trade or business,
and includes any federation of two or more
Trade Unions.
Exception
• Provided that this Act shall not affect–
(i) any agreement between partners as to their
own business;
(ii) any agreement between an employer and those
employed by him as to such employment; or
(iii) any agreement in consideration of the sale
of the good-will of a business or of instruction
in any profession, trade or handicraft.
It is the object of the association or
combination that determines whether it is
a trade union or not
(S. 3-14)
Important provisions
3. Appointment of Registrars.
4. Mode of Registration.
5. Application for registration.
6. Provisions to be contained in the rule of a Trade Union.
7. Power to call for further particulars and to require
alteration of name.
8. Registration.
9. Certificate of registration.
10. Cancellation of registration.
11. Appeal.
12. Registered office.
13. Incorporation of registered Trade Unions.
14. Certain Acts not to apply to registered Trade
Unions.
Introduction
• The registration of a trade union is not
necessary.
• However, upon registration, a trade union gets
several benefits including some immunities
that are not available to an unregistered Trade
Union.
Section 13 specifies that upon
registration, a trade union gets a
legal entity status, due to
which-
it has perpetual succession and a
common seal.
can acquire and hold movable as well as
immovable properties.
can contract through agents.
can sue and can be sued.
Procedure of Registration
• Appointment of the Registrar (S.3)
• Mode of registration
• Application of Registration
• Contains of the registration form
Section. 3. Appointment of Registrars.
1. The appropriate Government shall appoint a person
to be the Registrar of Trade Unions for each State.
2. The appropriate Government may appoint as many
Additional and Deputy Registrars of Trade Unions as it
thinks fit for the purpose of exercising and
discharging, under the superintendence and direction
of the Registrar, 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
Additional or Deputy Registrar shall exercise and
discharge the powers and functions so specified.
S. 3……..
• Subject to the provisions of any order under
sub-section (2), where an Additional or
Deputy Registrar exercises and discharges the
powers and functions of a Registrar in an area
within which the registered office of a Trade
Union is situated, the Additional or Deputy
Registrar shall be deemed to be the Registrar
in relation to the Trade Union for the purposes
of this Act.
Mode of registration (S. 4)
• Section 4 says that to register a Trade Union, an
application must be sent to the Registrar of Trade
Unions appointed by an appropriate government.
• The application must be made by seven or more
persons who are engaged in the trade or industry
in connection to which the Trade Union is to be
formed.
• All the applicants must subscribe their names to
the rules of the Trade Union and comply with the
provisions of this act regarding registration.
Mode of registration (S. 4)
• There must be at least 10% or 100, whichever is
less, members who are engaged or employed in
the establishment or industry to which it is
connected.
• There must not be less than seven members who
are engaged or employed in the establishment or
industry to which it is connected.
• If more that half of the persons who applied for
the registration cease to be members of the
union or expressly disassociate themselves from
the application, the application will be deemed to
be invalid.
Application of Registration
• Section 5 gives the details of the application. It says
that the application should be sent to the registrar
along with the copy of the rules of the trade union and
a statement of the following particulars-
1) The name, occupation, and addresses of the
applicants.
2) The name of the trade union and the address of its
head office.
3) The titles, names, ages, addresses, and occupations of
the office bearers of the trade union.
4) If the trade union has been in existence for more than
1 yr, a general statement of its assets and liabilities.
Contain of the rule book
• Section 6 (Provisions to be contained in the
rules of a Trade Union) specifies the provisions
that should be contained in the rule book of
the trade union. A copy of this rule book must
be supplied along with the application for
registration of the trade union. This rule book
details the internal administration of the trade
union and also determines and governs the
relationship between the trade union and its
members.
Contain of the rule book…….
• It must contain the rules for the following matters:
1. name of the trade union.
2. the whole object of the trade union.
3. the whole purposes for which the general funds can be used.
4. the maintenance of the list of members and adequate facilities to
inspect it by the members of the trade union.
5. the membership of ordinary members who are actually engaged
or employed in an industry with which it is connected as well
as the membership of the honorary or temporary members.
6. the appointment of members of the executive body.
7. the membership or subscription fee, which shall not be less that
25 paisa per member per month
8. the conditions under which a member can get the benefits or
has
to pay fines.
9. the safe custody of funds and provisions for inspecting or auditing
the statements, or other documents of the trade union.
10. dissolution of the trade union.
M T Chandersenan vs Sukumaran
AIR 1974
• SC held that if a member fails to pay
subscription fee, he cannot be considered a
member of the trade union. However,
subscriptions cannot be refused under some
pretext which results in the denial of
membership.
Bokajan Cement Corporation
Employees Union
vs
Cement Corporation of India, 2004
6. As per section 22, at least half of the office bearers of a trade union
must be engaged or employed in an industry to which the trade
union is connected. Also, while a union has a right to remove any
office bearer, this power must be used judiciously and rules of
natural justice must be followed.
7. Under section 28, a general statement, audited in a prescribed
manner, of all income and expenses must be sent to the registrar
every year.
Mario Raposo vs H M Bhandarkar
and others 1994
How do you allocate the money raised through subscriptions between the
national, regional and local structures.
What is the cost of providing services that will attract and retain members.
Can they be collected through salary deduction by the employer and then
sent to the union nationally or locally.
Membership Recording
How do you maintain accurate and up to date membership records and
details.
How do you ensure members subscriptions have been paid and are up to
date.
How do you prevent any possible financial fraud.
How do you track changes of school, employers and address.
What IT systems can you use and afford.
Do you have a Disaster Recovery Programme.
Trade Union Structures
What is the most appropriate and effective structure for your union having regard to
your membership and the structure of education provision and government in your
country.
Is your government a unitary or federal structure.
Who are the employers.
Are there any private employers.
How do you ensure representative, fair and democratically accountable structures
and cost effectiveness.
Are there any particular minorities issues that need to be catered for.
Powers And Responsibilities
Who does what.
What is the relationship between the union’s conference and the national
executive.
What are the powers of the union nationally, regionally and locally and how
should they be shared.
How are the decision making powers shared between the union’s staff and
elected representatives.
What sort of committee structure at national, local and regional levels best
meets the needs of the union.
How do you ensure timely and accurate financial management and controls.
Membership Recruitment
Recruitment and retention are equally important.
How can you motivate members at all levels within the union to recruit and
retain.