TRADE UNION ACT

TRADE UNION ACT, 1926.

DEFINITION

             - In this Act 'the appropriate Government' means, in relation to Trade Unions whose objects are not confined to one State, the Central Government, and in relation to other Trade Unions, the State Government, and, unless there is anything repugnant in the subject or context, -

• (a) "executive" means the body, by whatever name called, to which the management of the affairs of a Trade Union is entrusted;
• (b) "office-bearer", in the case of a Trade Union, includes any member of the executive thereof, but does not include an auditor;
• (c) "prescribed" means prescribed by regulations made under this Act;
• (d) "registered office" means that office of a Trade Union which is registered under this Act as the head office thereof;
• (e) "registered Trade Union" means a Trade Union registered under this Act;
• (f) "Registrar" means -
• (I) a Registrar of Trade Unions appointed by the appropriate Government under section 3, and includes any Additional or Deputy Registrar of Trade Unions; and
• (ii) in relation to any Trade Union, the Registrar appointed for the State in which the head or registered office, as the case may be, of the Trade Union is situated ;
• (g) "trade dispute" means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and "workmen" means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and
• (h) "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 restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions:
  Provided that this Act shall not affect -
• (I) any agreement between partners as to their own business;
• (ii) any agreement between an employer and those employed by him as to such employment; or
• (iii) Any agreement in consideration of the sale of the good-will of a business or of instruction in any profession, trade or handicraft.

Provision of trade union act

                         Provisions to be contained in the rules of a Trade Union. - 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 the

 Following matters, namely:--

 (a) The name of the Trade Union;

 (b) The whole of the objects for which the Trade Union has

 Been established;

 (c) The whole of the purposes for which the general funds of

 The Trade Union shall be applicable, all of which

 Purposes shall be purposes to which such funds are

 Lawfully applicable under this Act;

 (d) The maintenance of a list of the members of the Trade

 Union and adequate facilities for the inspection

 Thereof by the 1*[office-bearers] and members of the

 Trade Union;

 (e) The admission of ordinary members who shall be persons

 Actually engaged or employed in an industry with which

 The Trade Union is connected, and also the admission of

 The number of honorary or temporary members as

 1*[office-bearers] required under section 22 to form

 The executive of the Trade Union;

 2*[(eye) the payment of a subscription by members of the

 Trade Union which shall be not less than twenty-five

 Nay pause per month per member;]

 (f) The conditions under which any member shall be entitled

 To any benefit assured by the rules and under which any

 Fine or forfeiture may be imposed on the members;

 (g) The manner in which the rules shall be amended, varied

 Or rescinded;

 (h) The manner in which the members of the executive and the

 Other 1*[office-bearers] of the Trade Union shall be

 Appointed and removed;

 (I) the safe custody of the funds of the Trade Union, an

 Annual audit, in such manner as may be prescribed, of

 The accounts thereof, and adequate facilities for the

Inspection of the account books by the 1*[office-

 Bearers] and members of the Trade Union; and

 (j) The manner in which the Trade Union may be dissolved.