Page 216 - DMGT306_MERCANTILE_LAWS_II

Unit 11: Trade Unions Act, 1926

Notes

Notes The application shall be accompanied by a copy of the ‘rules of the trade union’ and
a statement giving the following particulars:- (i) Names, occupations and addresses of the
members making the application; (ii) The name of the trade union and the address of its
head office; (iii) The titles, names, ages, addresses and occupations of the office bearers of
the trade union as per the format given in the Trade Unions Act, 1926. The Registrar, on
being satisfied that the Union has complied with all the requirements of this Act, shall
register the trade union. Thereafter, it shall issue a certificate of registration in the prescribed
form as a conclusive evidence of registration of that trade Union.
2. The registered trade unions (workers & employers) are required to submit annual statutory
returns to the Registrar regarding their membership, general funds, sources of income and
items of expenditure and details of their assets and liabilities, which in turn submits a consolidated
return of their state in the prescribed proformae to Labour Bureau, Ministry of Labour and
Employment. The Labour Bureau on receiving the annual returns from different States/Union
Territories consolidates the all India statistics and disseminates them through its
publication entitled the ‘Trade Unions in India’ and its other regular publications.

3. The general funds of a registered trade union shall not be spent on any other objects than those
specified in the Act. Also, a registered trade union may constitute a separate fund, from
contributions separately levied for or made to that fund, for the promotion of the civic and
political interest of its members.

Did u know? No member shall be compelled to contribute to such fund and a member who
does not contribute to the said fund shall not be excluded from any benefits of the trade
union, or placed in any respect either directly or indirectly under any disability or at any
disadvantage as compared with other members of the union by reason of his contribution
to the said fund.
4. No office-bearer or member of a registered trade union shall be liable to punishment under
the Indian Penal Code in respect of any agreement made between the members for the purpose
of furthering any such object of the trade union as specified in the Act, unless the agreement is an
agreement to commit an offence.
5. No suit or other legal proceeding shall be maintainable in any civil court against any registered
trade union or any office-bearer or member thereof in respect of any act done in contemplation
or furtherance of a trade dispute to which a member of the trade union is a party on the ground
only that such an act induces some other person to break a contract of employment, or that it is
in interference with the trade, business or employment of some other person or with the right
of some other person to dispose of his capital of his labour as he wills.
6. The account books of a registered trade union and the list of members thereof shall be open to
inspection by an office-bearer or member of the trade union at such times as may be provided
for in the rules of trade union.
7. A person shall be disqualified for being chosen as, and for being a member of, the executive
or any other office-bearer or registered trade union if- (i) he has not attained the age of eighteen
years; (ii) he has been convicted by a court in India of any offence involving moral turpitude and
sentenced to imprisonment, unless a period of five years has elapsed since his release.

LOVELY PROFESSIONAL UNIVERSITY 211