MIR - Trade Union Act 1926

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The Trade Union

Act, 1926
AICTE)
Congres,
N.M. Joshi (founder of All India Trade Union

cimploycr
by
1921, resolution in ccntral
assembly lo prolcct
TU-opposcd

Was n u o md.
Background Indian tradcjuni act,
1926
woud

1926
ASscnt 25" March
bipu
1927] ustdud
Came intoforee
1" June

1964 amendment> the word Tndian'


lelcted
IS Tess,
whichevci
10%/100
U 0 a m e n d m e n t - > Registration rules->
of 7 memberS
subjected to a minimum
gu Wuou Juauo
Extent Whole of India Appk cobk
Extended to
a) Goa, Diu and Daman 1962
Chapter 1 b)) Pondicherry & Dadra and Nagar haveli 1963 965
(section 1) c) Laccadive, Minicoy and Amindivi Islands, Laksdeep?
d) J&K 1971
Section 2 1 Trade Union- a. Whether permanent or temporary
Workmau-employcr
Definitions workmauu- orkman
TU
Rcgulatc relation
employer-employer
bctwccn
Iaole
By luing uluiei ous
u
b.Combination formed for
conduc(of
Imposing restrictive conditionsjon
Lrade/business
Asocialie wuployu
c. Also includes/federationof
2 or
morc TU
uou.o
under this act
p o w w2. Registered TU>registered the affair of a TU
Executive>the body, which manages
MouAg TU 3 . include AUDITOR;
bcarer>Member of exccutive Does not
4.Officc
Authorit- Appropriale government appoinl registrar deputy
registrar/Additional registrar

Rules lo registerCd uniesy i has10% or 100.)whichever is es less

Rcgistration a.No TU s with which TU is connccted are

cngaged/cmploycd in cstadisnnientnaustry
of Trade 7 membcrs
mcmbers of TU.subjecicd to of TU
Union appiy Iorrcgistration
b{Any 7 membersmay application but before registration of TU, few members, but
C. If alier
giving
a half of members who signcd on application form, ccase to be a
not of rcgistralion will not deemed to be invalid
of T U application
member
Appeal to be accompaned
witn stalement + rules of Tu
Analicaion is
i. Statement
amc, occupations anaaddressCs of applicants
V
office of TU
Name and address of head
addresses of officc-bcarcrs
Tile, age, occupation,
namc,
more than 1 year>
Asset & liability
If TU is in existence for
statement

ii. Rules
Namc & objcctives of TU
fund will be utilized
Membership fec purposes for which general
Maintenancc of list of members+ facility of inspection by officc-
bcarcrs and members of TU
members as office bearers+
Admission of ordinary and honorary
manner of selection/removal
of office bearers+ duration (not more
be elected
than 3 years) for which office bearers shall
amended/varied+ dissolution of
Manner in which rules of TU to be
TU

information + may request


TU Registrar (may seek additional
name resembles the
name
change in name, if.proposed
of any existing TU)

refusal/withdrawal/cancellation of registration may


on
Aggrieved party
court/labour court/tribunal/civil court
as
approach high
per location of head officc of TU
Cancellation a. Withdrawn/request of TU fraud/mistake
has been obiained by
of b. Regisrar is satisfied that registration
there
registration c. (10% or 100 subjected to minimum ofl00) is not
Rcquired number
identity with
a Registered TU is considered jas alcorporate
1. perpetual succession

1. Common seal
sue or can be sued
iii. Can properties
movable & immovable
iv, Power to acquire/hold

Features of under following act-void


apply to t registration of TU
b. TU act does not
TU societies registration act, 186
i. The
socicties act, 1912
ii. The co-opcralive
act, 1956
ii. The companics

case against
members/otlicc-bcarers
of TU for an agrecment

C.No criminal ot objectives of TU (should not be an


furtherance
for the purpose of
conmmit crimc)
to
agrccmcnt

m e m b e r s / o f f i c e - b e a r e r s
of TU
civil suit against break of contract of
d. No an
agreemen/action
i. For
employment/interference with trade

activity
done by any agent of TU, but if TU proves
tortuous

becndone without its knowledge/contrary toinstructions


ii. Any
such acthas
eantribution general fund
to general is com
lund is compulsory, if case of non-
fund- contribution
ibution. a member:may be devoid of benefits
General
a. payment ofconti voluntary to participate/contribute, non-
Funds fund, voluntary
fund-
separate will not
not devoid
b.
Political
of
c o n t r i b u t i o n

employee any benefit


payment
conferred by TU. This fund is uscd for civil & political interests of its
member
Membership a. Person, who has attained the age of 15 yrs-> can become member of TUJ
& Office-| b. To become
bearer
office-bcarer
i. he has attained an age of 18
yrs
1. convictcd/sentenced to imprisonment for offence involving moral
turpitudc and a period of 5 yrs has clapscd sincce relcasc
c. Not less than half of total number of officc-bcarer of TU in an
scctor should be
unorganised
actually engaged/cmployed in an industry to which
TU is connected
d. In other cases all office-bearers, except not more than 1/3 or
5, whichever
is less, should be actually
engaged with industry to which TU is
connected
c. No mcmber of council of minister or
person holding an oflice of profit (not
being engaged in industry to which TU is connected)>
executive/officc-bearer
Procedure a. Change in name> Min 2/3d member's consent is
required
ofchangec |b. Amalgamation9 At least %of members of each TU +60% total votes

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