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Unit 11: Trade Unions Act, 1926

(iii) keep account books and membership register available for inspection by any member or Notes
officer of the union; (Sec. 20)

(iv) send to the Registrar on or before the prescribed date an annual statement of receipts and
assets and liabilities of the union audited in the prescribed manner as on 31st December, together
with the statement showing changes in the office bearers and rules of the union made during the
year. (Sec. 28)

11.3.9 Rights of Registered Trade Unions

A registered trade union has the right to:

(i) spend the general fund for payment of salaries, allowances and expenses to its office-bearers,
prosecution or defense, of any legal proceedings for securing or protecting any rights of trade
union, conduct of trade disputes, compensation to members for any loss arising from trade
disputes, provision of educational, social, or religious benefits for members, publication of
periodicals on labour matters, issue of or undertaking of liability under policies of assurance on
the lives of members or policies of members against sickness, accident or unemployment,
contribution to any cause intended to benefit workmen in general upto 25% of the gross income
accrued to the fund, and any other object notified by the appropriate Government; (Sec. 15)

(ii) constitute a separate political fund for the promotion of civic and political interests of.
members Contribution to this fund is, however, not obligatory for the members, or a condition
for becoming member of the union. The political fund can be used for setting up candidates and
meeting their election expenses, holding elections and political meetings and maintenance of
members elected to the Parliament or State Assembly or any local authority; (Sec. 16)
(iii) claim protection from being prosecuted under sub-section (2) of Sec. 120B of the Indian
Penal Code for bonafide trade union activities under Sec. 17 of the Act. The protection provided
to the members and office-bearers of the Trade Union is partial in the sense that the immunity
is available only in respect of agreements made between the members for the purpose of
furthering any legitimate objective of the trade union as provided under section 15 of the Act. If
the agreement is the agreement to do an act which is an offence, no immunity can be claimed in
certain cases; (Sec. 17 and 18)
(iv) Sec. 18 of the Trade Unions Act deals with immunity from Civil Proceedings. A person is
liable in torts for deliberately bringing out a breach of contract of employment between the
employer and employee. But a registered trade union, its members or office-bearers are protected
from being sued for inducing a person to break his contract of employment or for interfering
with the trade, business or employment of some other person provided such inducement is in
contemplation or furtherance of trade disputes.

(v) change its name with the consent of two-third of the total number of its members under
intimation to the Registrar of Trade Unions. The change takes effect from the date it is registered
by the Registrar; (Sec. 23 and 25) and
(vi) amalgamate the union with any other union by recording votes of at least 50% of the
members, of which 60% must be in favour of amalgamation. This must be intimated to the
Registrar, as it can, take effect after he registers it. (Sec 24,25)

Task Critically analyse the rights of registered trade unions.

LOVELY PROFESSIONAL UNIVERSITY 221