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IR Lecture 11 Trade Union Act, 1926
IR Lecture 11 Trade Union Act, 1926
1926
Until the beginning of the 20th Century, trade union activities were
not considered lawful in most of the countries, including India.
The Indian Trade Union Act, 1926 was enacted on the pattern of
English Law.
The Act was amended in 1929, 1942, 1951, 1960, 1964, 1970 and
1974.
The amending Act of 1974 deleted the word Indian from the title
of the Act.
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TRADE UNION ACT, 1926
The Trade Unions Act, 1926 provides for
registration of trade unions to enable participation
of trade unions in collective bargaining.
It also confers on a registered trade union certain
protection and privileges.
The Act extends to the whole of India except the
State of Jammu & Kashmir and applies to all kinds
of unions of workers and associations of
employers, which aim at regularizing labour
management relations.
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A Trade Union is a combination
whether temporary or permanent,
formed for regulating the relations
not only between workmen and
employers but also between
workmen and workmen or between
employers and employers.
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Registration of Trade Unions
The government shall appoint a person to
be the Registrar of Trade Union for the
State.
The Government may also appoint as
many Additional and Deputy of Trade
unions as it thinks fit for the purpose of
exercising powers and functions of the
Registrar under this Act.
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Application for registration
Every application for registration of trade union
shall be made to the registrar and shall
accompanied with the rules of the trade union and
a statement of the following particulars, namely:
The names, occupations and address of the
members making application
The name of the trade union and the address of its
head office
The titles, names, ages, addresses and occupation
of the office bearers of the trade unions
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Provisions to be contained in the
rules of trade unions
A trade union is entitled to registration only if it is in
accordance with the provisions of the act and its rule
provide for the following matters, namely:
The name of the trade union
The whole of the objectives for which the trade union
has been established
The whole of the purposes for which the general
funds of the trade union shall be applicable, all the
purposes to which funds are lawfully applicable
under this act
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The maintenance of a list of its members of the trade union and
which shall be not less than twenty- five paisa per month per
member
The manner in which the members of the executive and the other
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The safe custody of the funds of Trade Union, and annual audit, in
such manner as may be prescribed, of the accounts thereof, and
adequate facilities for the inspection of the account books by the
office-bearers and members of the Trade Union.
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Powers of the Registrar
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3. Registration:
. The Registrar, after being satisfied with the requirements of
this Act, shall register the Trade Union by entering in the
register, to be maintained in such a form as may be
prescribed.
Act.
existence)
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Registered office (sec.13)
1. All communications and notices to a
registered trade union may be
addressed to its registered office.
2. Notice of any change in the address
of the head office shall be given
within fourteen days of such change
to the registrar.
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Privileges of a Registered Trade
Union:
1. Immunity from Criminal Prosecution:
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3. Enforceability of Agreement (Sec. 19)
of trade.
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5. Rights of minors to membership of trade
unions (sec.21):
Any person who has attained the age of
fifteen years may be a member of the registered
trade union, enjoy all the rights of a member
and execute all instruments necessary to be
executed.
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GENERAL FUNDS
Section 15 of the Act provides certain restrains
against expenditure out of the general funds of
the registered trade union.
It lays down that the general fund of
a registered trade union shall not be
spent on any other objects than the
following, namely:
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1. The payment of salaries, allowances and
expenses to the office-bearers of the
Trade Union;