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    Objective: Registration of TU: - Conditions - Obligations - Rights and Liabilities

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    srivv
    The document summarizes key aspects of the Trade Union Act of 1926 in India. It outlines that the Act was passed to protect and regulate trade union activities, which were previously considered unlawful. It describes the process for registering trade unions, including submitting an application with details of union members, leadership, and rules. Finally, it discusses rights and obligations of registered trade unions, such as being recognized as a legal entity and limits on how funds can be used.

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    Download as PPT, PDF, TXT or read online from Scribd

    Objective: Registration of TU: - Conditions - Obligations - Rights and Liabilities

    Uploaded by

    srivv
    36 views22 pages
    The document summarizes key aspects of the Trade Union Act of 1926 in India. It outlines that the Act was passed to protect and regulate trade union activities, which were previously considered unlawful. It describes the process for registering trade unions, including submitting an application with details of union members, leadership, and rules. Finally, it discusses rights and obligations of registered trade unions, such as being recognized as a legal entity and limits on how funds can be used.

    Original Title

    The Trade Unions Act%2c1926

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    © Attribution Non-Commercial (BY-NC)

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    The document summarizes key aspects of the Trade Union Act of 1926 in India. It outlines that the Act was passed to protect and regulate trade union activities, which were previously considered unlawful. It describes the process for registering trade unions, including submitting an application with details of union members, leadership, and rules. Finally, it discusses rights and obligations of registered trade unions, such as being recognized as a legal entity and limits on how funds can be used.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    36 views22 pages

    Objective: Registration of TU: - Conditions - Obligations - Rights and Liabilities

    Uploaded by

    srivv
    The document summarizes key aspects of the Trade Union Act of 1926 in India. It outlines that the Act was passed to protect and regulate trade union activities, which were previously considered unlawful. It describes the process for registering trade unions, including submitting an application with details of union members, leadership, and rules. Finally, it discusses rights and obligations of registered trade unions, such as being recognized as a legal entity and limits on how funds can be used.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 22

    OBJECTIVE: Registration of TU -Conditions -Obligations -rights and Liabilities

    Prior to 20th century, trade union activities were considered unlawful. In 1920, Madras, the leaders of trade union of binny & co. were imprisoned for bonafide trade union activities. Therefore, to protect them, Trade union Act 1926 was enacted and came into force with effect from 1st June, 1927. Apply to only those unions registered under it. Act extends to the whole of India except the State of Jammu & Kashmir.
    2

    Registration of trade unions with the registrar of Trade

    Unions. Registered trade union shall be a body corporate and shall have perpetual succession and a common seal. It lays down:-rights and Liabilities -Objects on which general funds of trade unions may be spent Immunity from civil suits in certain cases Acts not applicable to registered trade unions: -The Societies Registration Act,1860 -The Cooperative Societies Act,1912 -The companies Act,1956
    3

    Any combination(and not associations) whether temporary or permanent.


    Purpose is to regulate relations between:

    -workmen and employers; -workmen and workmen; or -employers and employers

    CHAPTERS I

    CONTENTS Title, extent & commencement of the act along with important definitions Registration of TU

    SECTIONS 1 and 2

    II

    3 to 14

    III

    Rights & Liabilities of registered trade unions, Amalgamation and Dissolution of TU Powers to make regulations & its publications Consequence of failure to submit Returns,False Information regarding TU

    15 to 28

    IV

    29 and 30

    31 to 33

    Appointment of Registrars.

    Mode of registration

    Application for registration

    Provisions to be contained in the rules of a Trade Union

    Power to call for further particulars and to require alterations of names

    Registration

    Certificate of registration

    1) Appointment of registrars(Sec. 3) -Appointed by appropriate Government - appropriate Government can also appoint as many additional and Deputy Registrars of trade unions. -But limits will be defined by Registrar 2) Mode of registration(Sec. 4) -Any 7 or more members of Trade Union can subscribe to the charter of TU by application and complying with the provisions of this Act.
    Cease to be a member Registration is invalid Cease to be a member Registration is valid
    8

    3) Application for Registration(Sec. 5) -Application for registration of TU shall be made to Registrar in comply with Rules and statement of following particulars:
    Names, Occupations & Address of the members
    Name of the Trade Union & Address of its head office

    Titles, Names, Ages, Addresses & Occupations of office Bearers of TU

    Where isExistence of TU from past 1 Year before making this application

    4) Provisions to be contained in the Rules of Trade Unions(Sec. 6) Name of TU list of members of TU and their inspection Whole of the objects for which the TU has been established. admission of ordinary members(employee) to whome TU is connected & the number of temporary members as office-beares(forms the executive of TU) Manner of Annual Audit of the account 10 books

    Whole of the purpose for which the general funds of the TU shall be applicable.

    Payment of Manner for every subscription 25 appointment and removal of paise/month/mem office-Bearer/ ber Dissolve of TU

    Conditions underbenefit entitled to members

    5) Power to call for further particulars and to require alterations of names(Sec. 7)


    If TU is proposed to be registered is identical with that by which any other existing shall refuse to register TU until such alteration has been made.

    11

    6) Registration(Sec. 8) Registrar, on being satisfied that the TU has complied with all the requirements of this Act in regard to registration, shall register the TU within a period of 60 days from the date of such compliance. 7) Certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has been duly registered under this Act.
    12

    by the Registrar

    - on the application of the TU - certificate has been obtained by fraud or mistake - TU has ceased to exist or has wilfully and after notice from the Registrar contravened any provision of this Act
    Provided that not less than 2 months previous notice in writing specifying the ground on which it is proposed to withdraw or cancel the certificate shall be given by the Registrar to the Trade Union

    13

    Appeal to the high court by any person aggrieved

    by any:-Refusal to register a TU by Registrar :-Withdrawn or Cancellation of a certificate


    Appeal within 60 days of the date on which the registrar passed the order.

    The appellate court may:

    14

    AII communications and notices to a registered TU may be addressed to its registered office. Notice of any change in the address of the head office shall be given within 14 days of such change to the Registrar in writing and the changed address shall be recorded in the register referred to in sec. 8,

    15

    Reg. TU becomes a legal entity distinct from its members.


    BODY CORPORATE COMMON SEAL PERPETUAL SUCCESSION

    Body corporate means a succession

    rights and duties distinct from those of the individual persons

    16

    Objects on which general funds may be spent

    Constitution of a separate fund for political purposes


    Criminal conspiracy in trade disputes

    Immunity from civil suit in certain cases


    Enforceability of agreements Right to inspect books of Trade Union Rights of minors to membership of Trade Unions
    17

    Change of name:-consent of not less than two thirds of the total number of its members and subject to the provisions of section 25 Amalgamation of Trade Unions:-with or without dissolution or division of the funds of such Trade Unions,provided that:-

    18

    Notice of change of name or amalgamation


    In writing & signed by secretary & 7 members of TU Name Existing?

    change of name & Amalgamation shall have effect from the date of such registration.

    19

    notice of the dissolution signed by 7 members and

    by the Secretary of the TU shall, within 14 days of the dissolution be sent to the Registrar,
    in accordance with the rules of the TU, and the dissolution shall have effect from the date of such registration. the Registrar shall divide the funds amongst the members as per the rules or as may be prescribed.
    20

    21

    22

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