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The Trade Unions Act, 1926

Year of Passage: 1926 | Type: Bare Act

Section 1 Short title, extent and commencement.

(1) This Act may be called the 3*** Trade UnionsAct, 1926. 4[(2) It extends to the whole of India 5***.] (3) It shall come into force on such date6as the Central Government may, by notification in theOfficial Gazette, appoint.

Section 2 Definitions.

In this Act, 1["the appropriate Government" means, in relation to Trade Unionswhose objects are not confined to one State, the Central Government, and in relation to other TradeUnions, the State Government, and] unless there is anything repugnant in the subject or context,-- (a) "executive" means the body, by whatever name called, to which the management of theaffairs of a Trade Union is entrusted; (b) "2[office-bearer]", in the case of a Trade Union, includes any member of the executivethereof, but does not include an auditor; (c) "prescribed" means prescribed by regulations made under this Act; (d) "registered office" means that office of a Trade Union which is registered under this Act asthe head office thereof; (e) "registered Trade Union" means a Trade Union registered under this Act; 3[(f) "Registrar" means-- (i) a Registrar of Trade Unions appointed by the appropriate Government under section 3,and includes any Additional or Deputy Registrar of Trade Unions; and (ii) in relation to any Trade Union, the Registrar appointed for the State in whichthe head or registered office, as the case may be, of the Trade Union is situated;] (g) "trade dispute" means any dispute between employers and workmen or betweenworkmen and workmen, or between employers and employers which is connected with theemployment or non-employment, or the terms of employment or the conditions of labour, ofany person, and "workmen" means all persons employed in trade or industry whether or notin the employment of the employer with whom the trade dispute arises; and (h) "Trade Union" means any combination, whether temporary or permanent, formedprimarily for the purpose of regulating the relations between workmen and employers or betweenworkmen and workmen, or between employers and employers, or for imposing restrictiveconditions on the conduct of any trade or business, and includes any federation of two or moreTrade Unions: 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 suchemployment; or (iii) any agreement in consideration of the sale of the goodwill of a business or ofinstruction in any profession, trade or handicraft.

Section 3 Appointment of Registrars.

1[(1)]2[The appropriate Government] shall appoint a person to bebe the Registrar of Trade Unions for 3[each State]. 4[(2) The appropriate Government may appoint as many Additional and Deputy Registrars ofTrade Unions as it thinks fit for the purpose of exercising and discharging, under thesuperintendence and direction of the Registrar, such powers and functions of the Registrar underthis Act as it may, by order, specify and define the local limits within which any such Additional orDeputy Registrar shall exercise and discharge the powers and functions so specified. (3) Subject to the provisions of any order under sub-section (2), where an Additional or DeputyRegistrar exercises and discharges the powers and functions of a Registrar in an area within which theregistered office of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to bethe Registrar in relation to the Trade Union for the purposes of this Act.]

Section 4 Mode of registration.

1[(1)] Any seven or more members of a Trade Union may, bysubscribing their names to the rules of the Trade Union and by otherwise complying with theprovisions of this Act with respect to registration, apply for registration of the Trade Union underthis Act. 2[Provided that no Trade Union of workmen shall be registered unless at least ten per cent. or one hundred ofthe workmen, whichever is less, engaged or employed in the establishment or industry with which it is connectedare the members of such Trade Union on the date of making of application for registration: Provided further that no Trade Union of workmen shall be registered unless it has on the date of makingapplication not less than seven persons as its members, who are workmen engaged or employed in theestablishment or industry with which it is connected.] 3[(2) Where an application has been made under sub-section (1) for the registration of a TradeUnion, such application shall not be deemed to have become invalid merely by reason of the factthat, at any time after the date of the application, but before the registration of the Trade Union,some of the applicants, but not exceeding half of the total number of persons who made theapplication, have ceased to be members of the Trade Union or have given notice in writing to theRegistrar dissociating themselves from the applications.]

Section 5 Application for registration.

(1) Every application for registration of a Trade Unionshall be made to the Registrar, and shall be accompanied by a copy of the rules of the TradeUnion and a statement of the following particular's, namely:-- (a) the names, occupations and addresses of the members making the application; 1[(aa) in the case of a Trade Union of workmen, the names, occupations and addresses of theplace of work of the members of the Trade Union making the application;] (b) the name of the Trade Union and the address of its head office; and (c) the titles, names, ages, addresses and occupations of the 2[office-bearers] of the TradeUnion. (2) Where a Trade Union has been in existence for more than one year before the making ofan application for its registration, there shall be delivered to the Registrar, together with theapplication, a general statement of the assets and liabilities of the Trade Uni on prepared insuch form and containing such particulars as may be prescribed.
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