Provisions to be contained in the rules of a trade union 7. Whether temporary or permanent, primarily for the purpose of regulating the relations between workers and employers or between workers for imposing restrictive conditions on the conduct of any trade or business and includes the federations of two or more trade unions. Registered under the trade unions act 1926, registration. The trade unions act, 1926 provides for registration of trade unions of employers and workmen. The trade unions act, 1926 the trade unions act, 1926 act 16 0f 1926 an act to provide for the registration of trade unions and in certain respects of define the law relating to registered trade unions. Also, it ensures that the proper utilization of their funds is done. Whereas it is expending to provide for the registration of trade unions and in certain. The registrar, on being satisfied that the trade union has complied with all the requirements of this act in regard to registration, shall register the trade union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union contained in the statement accompanying the. Jan 02, 2019 the present act provides for only registration of trade unions. The recognition of trade union is governed by guidelines in the code of discipline evolved in 1958, voluntarily accepted by employers and employees. A bill, namely, the trade unions and industrial disputes amendment bill, 1988 was introduced in the rajya sabha to amend, inter alia, the trade unions act, 1926. How to register a trade union under the trade unions act, 1926. Definitions chapter ii registration of trade unions 3. According to section 4 of the trade union act, 1926 1 any seven or more members of a trade union may, by subscribing their names to the rules of the trade union and by otherwise complying with the provisions of this act with respect to registration, apply for registration of the trade union under this act.
Dec 31, 2006 any seven or more members of a trade union can apply for registration, by subscribing their names to rules of trade union and complying with provisions of the act for registration of trade union. Annual returns prescribed under section 28 of the trade unions act, 1926 for the year ending 31st december, 20. The four procedure involved in registration of trade unions are as follows. Classification of industry to be shown as per schedule of industries attached. A copy of the rules of the trade union corrected up to the date of. Registered under the trade unions act 1926, registration no. The trade unions of employers as well as employees are liable to be registered under this act. The trade unions act, 1926 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining.
It also confers on a registered trade union certain protection and privileges. The particulars given in schedule ii show the provisions made in the rules for the matters detailed. Registration of trade union under the trade union act, 1926. Trade union act, 1926 bare acts law library advocatekhoj. The union is a union of employersworkers engaged in the industry or profession. Names, occupations and address of the members making application. Where an application has been made under subsection 1 for the registration of a trade union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the. This act was passed with the object of protecting the trade unions registered under this act. The trade union act, 1926 labour law vskills tutorials. Chapter ii of the trade unions act, 1926 deals with the provisions of the registration of trade unions. The procedure of registration of a trade union as following appointment of registrar.
As per the latest data, released for 2012, there were 16,154 trade unions which had a combined membership of 9. Jan 02, 2019 trade union definition under trade union act 1926 characteristics of trade union in hindi english duration. An act to provide for the registration of trade unions and in certain respects to define the law relating to registered trade unions 2. Union is registered under the trade unions act,1926 in delhi or anywhere in india 3. It is not necessary that an industrial dispute should be raised by a registered trade union only. The recognition is necessary because recognised trade union of an industry or establishment gets bargaining or negotiating rights with the employer. Whereas it is expedient to provide for the registration of trade unions and in certain respects to define the law relating to registered trade unions. This act allowed unionization in both organized and unorganized sector. Any seven workers could form a trade union and seek registration to take part in collective bargaining negotiations. The present act provides for only registration of trade unions. The present trade unions act, 1926 was passed in 1926 under the title of the indian trade unions act and was brought into operation from 1 st june, 1927, by notification in the official gazette by the central government. Registration of trade union under act,1926 youtube. Main provisions of the trade unions act, 1926 are given below.
An act to provide for the registration of trade unions and in certain respects to define the law relating to registered trade unions. Section 3 of the trade union act, 1926 empowers the appropriate government to appoint a person to be registrar of trade unions. Mar 03, 2019 in this video i explain the registration of trade union and i prepare notes in this video from sharma and kalyani publishers. Section 3 of the trade union act, 1926 empowers the appropriate government to appoint a person to be registrar. Trade unions means any combination, whether temporary or permanent, formed primarily for the purpose of. The registered trade unions get their legal and corporate status from it.
The application for registration in prescribed proforma along with copies of constitution of the union, and copies of the following resolutions namely. The law relating to the registration and protection of the trade unions is governed by the trade unions act, 1926 which came into force with effect from 1st june 1927. The trade union act, 1926 total section 33 chapter 05 came into force 1st june of 1927 3. According to section 2 h of the act, trade union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing. The trade union act 1926 origin and growth the growth of the trade unionism in india can be traced back to1980 when the bombay. Every application for registration of a trade union shall be made in form a appended to the trade unions act 1926 before the registrar of trade unions and shall be accompanied by a copy of rules of the trade union and a statement giving following particulars. The registrar, on being satisfied that the trade union has complied with all the requirements of the act in regard to registration shall register the trade union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union contained in the statement accompanying the application for.
Recognition means management conferring right to the union 1 to represent its members as the bargaining agent during the various discussions and deliberations made while negotiating terms of employmentconditions of labour. The subsequent cancellation of its registration by the registrar of the trade unions under the trade unions act,1926, therefore, will not alter the unions representative character in a. Registration of trade union under trade union act 1926. Statistics on trade unions are collected annually by the labour bureau of the ministry of labour, government of india. In this video i explain the registration of trade union and i prepare notes in this video from sharma and kalyani publishers. Trade union means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen or between employers and employers for. Trade unions act, 1926 the trade unions act, 1926 provides for registration of trade unions with a view to render lawful organisation of labour to enable collective bargaining. Privileges of registered trade union under trade union act 1926. A registered trade union shall not be liable in any suit or other legal proceeding in any civil court in respect of any fortuitous act done in contemplation or furtherance of a trade dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by the executive. A trade union shall not be entitled to registration under this act, unless the executive thereof is constituted in accordance with the provisions of this act, and the rules thereof provide for. Whereas it is expedient to provide for the registration of trade unions and in certain respects to define the law relating to. Nov 24, 2017 a registered trade union shall not be liable in any suit or other legal proceeding in any civil court in respect of any fortuitous act done in contemplation or furtherance of a trade dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by the executive. The trade union act, 1926 case laws registration of trade. The appropriate government be it state or central, as the case may be is also empowered to appoint additional and deputy registrars as it thinks fit for the purpose of exercising and discharging the powers and duties of the registrar.
Objectives, function, formation, regulation, rights and liabilities. Nov 24, 2017 the procedure of registration of a trade union as following appointment of registrar. Its statistics are collected annually by the labour bureau of the ministry of labour, government of india. The trade union act, 1926 case laws registration of. Trade unions in india are registered and file annual returns under the trade union act 1926. To be struck out in the case of unions which have not been in existence for one year before the date of application. The particulars required by section 52 of the indian trade union act, 1926, are given in schedule iii. Gujarat in section 6, after clause f, insert the following clause, namely. The trade union act, 1926, deals with the registration of trade unions their responsibilities, rights, and liabilities. General fund section 15 of the trade union act, 1926 lays down the purpose for which general fund of a registered trade union can be utilized namely 1.
Where an application has been made under subsection 1 for the registration of a trade union, such application shall not be deemed to have become invalid merely by reason of the fact that, at and time after the date of the application, but before the. Cabinet approves to amend bill to provide statutory. The trade unions act, 1926 contents introduction sections chapter i preliminary 1. Section 3 of the trade union act, 1926 empowers the appropriate government to appoint a. The trade union act was enacted in 1926 and it legalizes the trade unions. Rights and liabilities of a registered trade union under. Right and liabilities of a registered trade union are specified in section 15. Privileges of registered trade union under trade union act. In india, the trade union act was passed in the year 1926 which came into force on 1st june 1927.
The particulars required by section 51c of the indian trade unions act, 1926, are given in schedule i. Any seven or more members of a trade union can apply for registration, by subscribing their names to rules of trade union and complying with provisions of the act for registration of trade union. Mode of registration 51 any seven or more members of a trade union may, by subscribing their names to the rules of the trade union and by otherwise complying with the provisions of this act with respect to registration, apply for registration of the trade union under this act. The preamble of the trade union act says it is an act to provide for the registration of trade union and in certain respects of define the law relating to registered trade unions. The payment of salary allowances and expenses to office bears of trade union. The payment of expenses for the administration of the trade union including audit of the accounts of. Whereas it is expedient to provide for the registration of trade unions and in certain respects to define the law relating to registered trade unions 2. That in case of any legitimate claimant of unions name, we will surrender the certificate and change name of the union as per directions of the registrar trade unions, delhi. Application for registration of trade union form a. Trade union act, 1926 nitya nand pandey assistant professor amity law school amity university jaipur mo.