Page 217 - DMGT306_MERCANTILE_LAWS_II

Mercantile Laws – II

Notes 8. Every office-bearer or other person bound by the rules of the trade union shall be punishable
with the payment of fine, if:-

 Default is made on the part of any registered trade union in giving any notice or sending
any statement or other document as required by or under any provision of this Act; or
 Any person willfully makes, or causes to be made, any false entry in, or any omission
from, the general statement or in or from any copy of rules or of alterations of rules sent
to the Registrar; or
 Any person who, with intent to deceive, gives to any member of a registered trade union
or to any person intending or applying to become a member of such trade union any
document purporting to be a copy of the rules of the trade union or of any 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.

11.1.3 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.

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