Page 169 - DCOM207_LABOUR_LAWS

Labour Laws

Notes alterations to the same which he/she knows, or has reason to believe, is not a correct
copy of such rules or alterations as are for the time being in force, or any person who,
with the like intent, gives a copy of any rules of an unregistered trade union to any
person on the pretence that such rules are the rules of a registered trade union.
9. Any registered trade union may, with the consent of not less than two-thirds of the total
number of its members and subject to the provisions of the Act, change its name. The
change in the name of a registered trade union shall not effect any of its rights or obligation
or render defective any legal proceeding by or against the union, and any legal proceeding
which might have been continued or commenced by or against it by its former name may
be continued by its new name.
10. Any two or more registered trade unions may become amalgamated together as one trade
union with or without the dissolution or division of the funds of such trade unions or
any of them, provided that the votes of at least one-half of the members of each or every
such trade union entitled to vote are recorded, and that at least sixty percent of the votes
recorded are in favour of the proposal. Such an amalgamation shall not prejudice any right
of any such unions or any right of a creditor or any of them.

11. When a registered trade union is dissolved, notice for the dissolution signed by seven
members and by the Secretary of the trade union shall, within fourteen days of the
dissolution, be sent to the Registrar and shall be registered by him if he is satisfied that
the dissolution has been effected in accordance with the rules of the trade union, and the
dissolution shall have effect from the date of such registration.

10.1.3 Features of Trade Unions Act

The Trade Unions Act 1926 has been amended from time to time and the most important being
the Trade Unions (Amendment) Act, 2001. This Act has been enacted in order to bring more
transparency and to provide greater support to trade unionism in India. Some of the salient
features of the Trade Unions (Amendment) Act, 2001 are:-
1. No trade union of workmen shall be registered unless at least 10% or 100, whichever is less,
subject to a minimum of 7 workmen engaged or employed in the establishment or industry
with which it is connected are the members of such trade union on the date of making of
application for registration.
2. A registered trade union of workmen shall at all times continue to have not less than 10%
or 100 of the workmen, whichever is less, subject to a minimum of 7 persons engaged or
employed in the establishment or industry with which it is connected, as its members.
3. A provision for filing an appeal before the Industrial Tribunal/Labour Court in case of
non-registration or for restoration of registration has been provided.

4. All office bearers of a registered trade union, except not more than one-third of the total
number of office bearers or five, whichever is less, shall be persons actually engaged or
employed in the establishment or industry with which the trade union is connected.
5. Minimum rate of subscription by members of the trade union is fixed at one rupee per
annum for rural workers, three rupees per annum for workers in other unorganised sectors
and 12 rupees per annum in all other cases.
6. The employees who have been retired or have been retrenched shall not be construed as
outsiders for the purpose of holding an office in the trade union concerned.

7. For the promotion of civic and political interest of its members, unions are authorized to set
up separate political funds.

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