Posts
THE TRADE UNIONS ACT, 1926
ACT NO. 16 OF 1926*1
[25th March, 1926.]
An Act to provide for the registration of Trade Unions and in certain
respects to define the law relating to registered Trade Unions 2***.
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***; It is hereby enacted as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement.- (1) This Act may be
called the 3*** Trade Unions Act, 1926.
4*[(2) It extends to the whole of India 5*** .]
(3) It shall come into force on such date 6*** as the Central
Government may, by notification in the Official Gazette, appoint.
2.
Definitions.
2. Definitions.- In this Act 7*[`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) "8*[office-bearer]", in the case of a Trade Union,
includes any member of the executive thereof, but does
not include an auditor;
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1. This Act has been extended to Goa. Daman and Diu by Reg. 12 of
1962; to Pondicherry (w.e.f. 1-10-1963) by Reg. 7 of 1963 and
to Laccadive, Minicoy and Amindivi Islands by Reg. 8 of 1965, s.
3 and Sch.
Amended in Madhya Pradesh by M.P. Act 16 of 1968.
Amended in Maharashtra by Mrh. Act 30 of 1968.
2. The words "in the Provinces of India" omitted by Act 42 of 1960,
s. 2.
3. The word "Indian" omitted by Act 38 of 1964, s. 3 (w.e.f.
1-4-1965). 2
4. Subs. by the A. O. 1950, for sub-section (2).
5. The words "except the State of Jammu and Kashmir" omitted by Act
51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
6. 1st June, 1927; see Gazette of India, 1927, Pt. I, p. 467.
7. Ins. by the A. O. 1937.
8. Subs. by Act 38 of 1964, s. 2, for "officer" (w.e.f. 1-4-1965).
52
(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;
1*[(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
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1. Subs. by Act 42 of 1960, s. 3, for cl. (f).
53
(iii) any agreement in consideration of the sale of the
good-will of a business or of instruction in any
profession, trade or handicraft.
CHAP
REGISTRATION OF TRADE UNIONS
CHAPTER II
REGISTRATION OF TRADE UNIONS
3
3.
Appointment of Registrars.
3. Appointment of Registrars.- 1*[(1)] 2*[The appropriate
Government] shall appoint a person to be the Registrar of Trade Unions
for 3*[each State].
4*[(2) The appropriate Government may appoint as many Additional
and Deputy Registrars of Trade Unions as it thinks fit for the purpose
of exercising and discharging, under the superintendence and direction
of the Registrar, such powers and functions of the Registrar under
this Act as it may, by order, specify and define the local limits
within which any such Additional or Deputy Registrar shall exercise
and discharge the powers and functions so specified.
(3) Subject to the provisions of any order under sub-section (2),
where an Additional or Deputy Registrar exercises and discharges the
powers and functions of a Registrar in an area within which the
registered office of a Trade Union is situated, the Additional or
Deputy Registrar shall be deemed to be the Registrar in relation to
the Trade Union for the purposes of this Act.]
4.
Mode of registration.
4. Mode of registration.- 5*[(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.
6*[(2) Where an application has been made under sub-section (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 application, but before the
registration of the Trade Union, some of the applicants, but not
exceeding half of the total number of persons who made the
application,
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1. S. 3 re-numbered as sub-section (1) thereof by Act 42 of 1960,
s. 4.
2. Subs. by the A. O. 1937, for "Each L. G.".
3. Subs., ibid., for "the Province".
4. Ins. by Act 42 of 1960, s. 4.
5. S. 4 re-numbered as sub-section (1) thereof by s. 5, ibid.
6. Ins. by s. 5, ibid.
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have ceased to be members of the Trade Union or have given notice in
writing to the Registrar dissociating themselves from the
application.]
5.
Application for registration.
5. Application for registration.- (1) Every application for
registration of a Trade Union shall be made to the Registrar, and
shall be accompanied by a copy of the rules of the Trade Union and a
statement of the following particulars, namely:--
(a) the names, occupations and addresses of the members
making the application; 4
(b) the name of the Trade Union and the address of its head
office; and
(c) the titles, names, ages, addresses and occupations of
the 1*[office-bearers] of the Trade Union.
(2) Where a Trade Union has been in existence for more than one
year before the making of an application for its registration, there
shall be delivered to the Registrar, together with the application, a
general statement of the assets and liabilities of the Trade Union
prepared in such form and containing such particulars as may be
prescribed.
6.
Provisions to be contained in the rules of a Trade Union.
6. 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
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1. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965).
55
the number of honorary or temporary members as
1*[office-bearers] required under section 22 to form
the executive of the Trade Union;
2*[(ee) the payment of a subscription by members of the
Trade Union which shall be not less than twenty-five
naye paise 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 5
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.
7.
Power to call for further particulars and to require alteration
ofname.
7. Power to call for further particulars and to require
alteration of name.- (1) The Registrar may call for further
information for the purpose of satisfying himself that any application
complies with the provisions of section 5, or that the Trade Union is
entitled to registration under section 6, and may refuse to register
the Trade Union until such information is supplied.
(2) If the name under which a Trade Union is proposed to be
registered is identical with that by which any other existing Trade
Union has been registered or, in the opinion of the Registrar, so
nearly resembles such name as to be likely to deceive the public or
the members of either Trade Union, the Registrar shall require the
persons applying for registration to alter the name of the Trade Union
stated in the application, and shall refuse to register the Union
until such alteration has been made.
8.
Registration.
8. Registration.-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
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1. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965).
2. Ins. by Act 42 of 1960, s. 6.
56
be maintained in such form as may be prescribed, the particulars
relating to the Trade Union contained in the statement accompanying
the application for registration.
9.
Certificate of registration.
9. Certificate of registration.- The Registrar, on registering a
Trade Union under section 8, shall issue a certificate of registration
in the prescribed form which shall be conclusive evidence that the
Trade Union has been duly registered under this Act.
10.
Cancellation of registration.
10. Cancellation of registration.- A certificate of registration
of a Trade Union may be withdrawn or cancelled by the Registrar--
(a) on the application of the Trade Union to be verified in
such manner as may be prescribed, or
(b) if the Registrar is satisfied that the certificate has 6
been obtained by fraud or mistake, or that the Trade
Union has ceased to exist or has wilfully and after
notice from the Registrar contravened any provision of
this Act or allowed any rule to continue in force which
is inconsistent with any such provision, or has
rescinded any rule providing for any matter provision
for which is required by section 6:
Provided that not less than two 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 before the certificate is withdrawn or cancelled otherwise than
on the application of the Trade Union.
11.
Appeal.
1*[11. Appeal.- (1) Any person aggrieved by any refusal of the
Registrar to register a Trade Union or by the withdrawal or
cancellation of a certificate of registration may, within such period
as may be prescribed, appeal,--
(a) where the head office of the Trade Union is situated
within the limits of a Presidency-town 2***, to the High
Court, or
(b) where the head office is situated in any other area, to
such Court, not inferior to the Court of an additional
or assistant Judge of a principal Civil Court of
original jurisdiction, as the 3*[appropriate
Government] may appoint in this behalf for that area.
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1. Subs. by Act 15 of 1928, s. 2, for the original section.
2. The words "or of Rangoon" omitted by the A. O. 1937.
3. Subs., ibid., for "L. G.".
57
(2) The appellate Court may dismiss the appeal, or pass an order
directing the Registrar to register the Union and to issue a
certificate of registration under the provisions of section 9 or
setting aside the order for withdrawal or cancellation of the
certificate, as the case may be, and the Registrar shall comply with
such order.
(3) For the purpose of an appeal under sub-section (1) an
appellate Court shall, so far as may be, follow the same procedure and
have the same powers as it follows and has when trying a suit under
the Code of Civil Procedure, 1908 (5 of 1908), and may direct by whom
the whole or any part of the costs of the appeal shall be paid, and
such costs shall be recovered as if they had been awarded in a suit
under the said Code.
(4) In the event of the dismissal of an appeal by any Court
appointed under clause (b) of sub-section (1), the person aggrieved
shall have a right of appeal to the High Court, and the High Court
shall, for the purpose of such appeal, have all the powers of an
appellate Court under sub-sections (2) and (3), and the provisions of
those sub-sections shall apply accordingly.]
12.
Registered office.
12. Registered office.- All communications Union may be addressed
to its registered office. Notice of any change in the address of the
head office shall be given within fourteen days of such change to the 7
Registrar in writing, and the changed address shall be recorded in the
register referred to in section 8.
13.
Incorporation of registered Trade Unions.
13. Incorporation of registered Trade Unions.- Every registered
Trade Union shall be a body corporate by the name under which it is
registered, and shall have perpetual succession and a common seal with
power to acquire and hold both movable and immovable property and to
contract, and shall by the said name sue and be sued.
14.
Certain Acts not to apply to registered Trade Unions.
14. Certain Acts not to apply to registered Trade Unions.- The
following Acts, namely:--
(a) The Societies Registration Act, 1860 (21 of 1860),
(b) The Co-operative Societies Act, 1912 (2 of 1912),
1*[(c) The Companies Act, 1956 (1 of 1956);]
shall not apply to any registered Trade Union, and the registration of
any such Trade Union under any such Act shall be void.
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1. Subs. bu Act 42 of 1960, s. 7, for cl. (e) Former cls. (e) and
(d) were omitted by Act 25 of 1942, s. 2 and Sch. I.
58
CHAP
RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS
CHAPTER III
RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS
15.
Objects on which general funds may be spent.
15. Objects on which general funds may be spent.- The general
funds of a registered Trade Union shall not be spent on any other
objects than the following, namely:--
(a) the payment of salaries, allowances and expenses to
l*[office-bearers] of the Trade Union;
(b) the payment of expenses for the administration of the
Trade Union, including audit of the accounts of the
general funds of the Trade Union;
(c) the prosecution or defence of any legal proceeding to
which the Trade Union or any member thereof is a party,
when such prosecution or defence is undertaken for the
purpose of securing or protecting any rights of the
Trade Union as such or any rights arising out of the
relations of any member with his employer or with a
person whom the member employs; 8
(d) the conduct of trade disputes on behalf of the Trade
Union or any member thereof;
(e) the compensation of members for loss arising out of
trade disputes;
(f) allowances to members or their dependants on account of
death, old age, sickness, accidents or unemployment of
such members;
(g) the issue of, or the undertaking of liability under,
policies of assurance on the lives of members, or under
policies insuring members against sickness, accident or
unemployment;
(h) the provision of educational, social or religious
benefits for members (including the payment of the
expenses of funeral or religious ceremonies for
deceased members) or for the dependants of members;
(i) the upkeep of a periodical published mainly for the
purpose of discussing questions affecting employers or
workmen as such;
(j) the payment, in furtherance of any of the objects on
which the general funds of the Trade Union may be
spent, of contributions to any cause intended to
benefit workmen
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1. Subs. by Act 38 of 1964, s. 2, for "officers "(w.e.f. 1-4-1965).
59
in general, provided that the expenditure in respect of
such contributions in any financial year shall not at
any time during that year be in excess of one-fourth of
the combined total of the gross income which has up to
that time accrued to the general funds of the Trade
Union during that year and of the balance at the credit
of those funds at the commencement of that year; and
(k) subject to any conditions contained in the notification,
any other object notified by the 1*[appropriate
Government] in the official Gazette.
16.
Constitution of a separate fund for political purposes.
16. Constitution of a separate fund for political purposes.-(1) A
registered Trade Union may constitute a separate fund, from
contributions separately levied for or made to that fund, from which
payments may be made, for the promotion of the civic and political
interests of its members, in furtherance of any Of the objects
specified in sub-section (2).
(2) The objects referred to in sub-section (1) are:--
(a) the payment of any expenses incurred, either directly or
indirectly, by a candidate or prospective candidate for
election as a member of any legislative body
constituted under 2*[the Constitution] or of any local
authority, before, during, or after the election in
connection with his candidature or election; or
(b) the holding of any meeting or the distribution of any
literature or documents in support of any such
candidate or prospective candidate; or
(c) the maintenance of any person who is a member of any 9
legislative body constituted under 2*[the Constitution]
or of any local authority; or
(d) the registration of electors or the election of a
candidate for any legislative body constituted under
2*[the Constitution] or for any local authority; or
(e) the holding of political meetings of any kind, or the
distribution of political literature or political
documents of any kind.
3*[(2A) In its application to the State of Jammu and Kashmir,
references in sub-section (2) to any legislative body constituted
under the
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1. Subs. by the A. O. 1937, for "G. G. in C.".
2. The words "the Government of India Act" have been successively
amended by the A. O. 1937, the A. O. 1950 and Act 42 of 1960 to
read as above.
3. Ins. by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
60
Constitution shall be construed as including references to the
Legislature of that State.]
(3) No member shall be compelled to contribute to the fund
constituted under sub-section (1); and a member who does not
contribute to the said fund shall not be excluded from any benefits of
the Trade Union, or placed in any respect either directly or
indirectly under any disability or at any disadvantage as compared
with other members of the Trade Union (except in relation to the
control or management of the said fund) by reason of his not
contributing to the said fund; and contribution to the said fund shall
not be made a condition for admission to the Trade Union.
17.
Criminal conspiracy in trade disputes.
17. Criminal conspiracy in trade disputes.- No 1*[office-bearer]
or member of a registered Trade Union shall be liable to punishment
under sub-section (2) of section 120B Indian Penal Code (45 of 1860),
in respect of any agreement made between the members for the purpose
of furthering any such object of the Trade Union as is specified in
section 15, unless the agreement is an agreement to commit an offence.
18.
Immunity from civil suit in certain cases.
18. Immunity from civil suit in certain cases.- (1) No suit or
other legal proceeding shall be maintainable in any Civil Court
against any registered Trade Union or any 1*[office-bearer; or member
thereof in respect of any act done in contemplation or furtherance of
a trade dispute to which a member of the Trade Union is a party on the
ground only that such act induces some other person to break a
contract of employment, or that it is in interference with the trade,
business or employment of some other person or with the right of some
other person to dispose of his capital or of his labour as he wills.
(2) A registered Trade Union shall not be liable in any suit or
other legal proceeding in any Civil Court in respect of any tortious
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 of the Trade Union.
10
19.
Enforceability of agreements.
19. Enforceability of agreements.- Notwithstanding anything
contained in any other law for the time being in force, an agreement
between the members of a registered Trade Union shall not be void or
voidable merely by reason of the fact that any of the objects of the
agreement are in restraint of trade:
Provided that nothing in this section shall enable any Civil
Court to entertain any legal proceeding instituted for the express
purpose of enforcing or recovering damages for the breach of any
agreement concerning the
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1. Subs. by Act 38 of 1964, s. 2 for "officer" (w.e.f. 1-4-1965).
61
conditions on which any members of a Trade Union shall or shall not
sell their goods, transact business, work, employ or be employed.
20.
Right to inspect books of Trade Union.
20. Right to inspect books of Trade Union.- The account books of a
registered Trade Union and the list of members thereof shall be open
to inspection by an 1*[office-bearer] or member of the Trade Union at
such times as may be provided for in the rules of the Trade Union.
21.
Rights of minors to membership of Trade Unions.
21. Rights of minors to membership of Trade Unions.- Any person
who has attained the age of fifteen years may be a member of a
registered Trade Union subject to any rules of the Trade Union to the
contrary, and may, subject as aforesaid, enjoy all the rights of a
member and execute all instruments and give all acquittances necessary
to be executed or given under the rules.
2* * * *
*
21A.
Disqualifications of office-bearers of Trade Unions.
3*[21A. Disqualifications of office-bearers of Trade Unions.- (1)
A person shall be disqualified for being chosen as, and for being, a
member of the executive or any other office-bearer of a registered
Trade Union if--
(i) he has not attained the age of eighteen years,
(ii) he has been convicted by a Court in India of any
offence involving moral turpitude and sentenced to
imprisonment, unless a period of five years has elapsed
since his release.
(2) Any member of the executive or other office-bearer of a
registered Trade Union who, before the commencement of the Indian
Trade Unions (Amendment) Act, 1964 (38 of 1964), has been convicted
of any offence involving moral turpitude and sentenced to 11
imprisonment, shall on the date of such commencement cease to be such
member or office-bearer unless a period of five years has elapsed
since his release before that date.]
4*[(3) In its application to the State of Jammu and Kashmir,
reference in sub-section (2) to the commencement of the Indian Trade
Unions (Amendment) Act, 1964 (38 of 1964), shall be construed as
reference to the commencement of this Act in the said State.]
22.
Proportion of office-bearers to be connected with the industry.
22. Proportion of office-bearers to be connected with the
industry.- Not less than one-half of the total number of the
5*[office-
bearers] of every registered Trade Union shall be persons actually
engaged or employed in an industry with which the Trade Union is
connected:
Provided that the 6*[appropriate Government] may, by special or
general order, declare that the provisions of this section shall not
apply
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1. Subs. by Act 38 of 1964, s. 2, for "officer" (w.e.f. 1-4-1965).
2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965).
3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965).
4. Ins. by Act 51 of 1970, s. 2 and Sch. (w.e.f. 1-9-1971).
5. Subs. by Act 38 of 1964, s. 2, for "officers" (w.e.f. 1-4-1965).
6. Subs. by the A. O. 1937, for "L. G.".
62
to any Trade Union or class of Trade Unions specified in the order.
23.
Change of name
23. Change of name.- 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 section 25, change its name.
24.
Amalgamation of Trade Unions.
24. Amalgamation of Trade Unions.- Any two or more registered
Trade Unions may become amalgamated together as one Trade Union with
or without dissolution or division of the funds of such Trade Unions
or either or any of them, provided that the votes of at least one-halt
of the members of each or every such trade Union entitled to vote are
recorded, and that at least sixty per cent. of the votes recorded are
in favour of the proposal.
25.
Notice of change of name or amalgamation.
25. Notice of change of name or amalgamation.- (1) Notice in
writing of every change of name of every amalgamation, signed, in the
case of a change of name, by the Secretary and by seven members of the
Trade Union changing its name, and, in the case of an amalgamation, by
the Secretary and by seven members of each and every Trade Union which 12
is a party thereto, shall be sent to the Registrar, and where the
head office of the amalgamated Trade Union is situated in a different
State, to the Registrar of such State.
(2) If the proposed name is identical with that by which any
other existing Trade Union has been registered or, in the opinion of
the Registrar, so nearly resembles such name as to be likely to
deceive the public or the members of either Trade Union, the Registrar
shall refuse to register the change of name.
(3) Save as provided in sub-section (2), the Registrar shall, if
he is satisfied that the provisions of this Act in respect of change
of name have been complied with, register the change of name in the
register referred to in section 8, and the change of name shall have
effect from the date of such registration.
(4) The Registrar of the State in which the head office of the
amalgamated Trade Union is situated shall, if he is satisfied that the
provisions of this Act in respect of amalgamation have been complied
with and that the Trade Union formed thereby is entitled to
registration under section 6, register the Trade Union in the manner
provided in section 8, and the amalgamation shall have effect from the
date of such registration.
26.
Effects of change of name and of amalgamation.
26. Effects of change of name and of amalgamation.- (1) The change
in the name of a registered Trade Union shall not a affect any rights
or obligations of the Trade Union or render
63
defective any legal proceeding by or against the Trade Union, and any
legal proceeding which might have been continued or commenced by or
against it by its former name may be continued or commenced by or
against it by its new name.
(2) An amalgamation of two or more registered Trade Unions shall
not prejudice any right of any of such Trade Unions or any right of a
creditor of any of them.
27.
Dissolution.
27. Dissolution.- (1) When a registered Trade Union is dissolved,
notice of 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.
(2) Where the dissolution of a registered Trade Union has been
registered and the rules of the Trade Union do not provide for the
distribution of funds of the Trade Union on dissolution, the Registrar
shall divide the funds amongst the members in such manner as may be
prescribed.
28.
Returns.
28. Returns.- (1) There shall be sent annually to the Registrar,
on or before such date as may be prescribed, a general statement, 13
audited in the prescribed manner, of all receipts and expenditure of
every registered Trade Union during the year ending on the 31st day of
1*[December] next preceding such prescribed date, and of the assets
and liabilities of the Trade Union existing on such 31st day of
1*[December]. The statement shall be prepared in such form and shall
comprise such particulars as may be prescribed.
(2) Together with the general statement there shall be sent to
the Registrar a statement showing all changes of 2*[office-bearers]
made by the Trade Union during the year to which the general statement
refers, together also with a copy of the rules of the Trade Union
corrected up to the date of the despatch thereof to the Registrar.
(3) A copy of every alteration made in the rules of a registered
Trade Union shall be sent to the Registrar within fifteen days of the
making of the alteration.
3*[(4) For the purpose of examining the documents referred to in
sub-sections (1), (2) and (3), the Registrar, or any officer
authorised by him, by general or special order, may at all reasonable
times
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1. Subs. by Act 38 of 1964, s. 6, for "March" (w.e.f. 1-4-1965).
2. Subs. by s. 2, ibid., for "officers" (w.e.f. 1-4-1965).
3. Ins. by Act 42 of 1960, s. 9.
64
inspect the certificate of registration, account books, registers, and
other documents, relating to a Trade Union, at its registered office
or may require their production at such place as he may specify in
this behalf, but no such place shall be at a distance of more than ten
miles from the registered office of a Trade Union.]
CHAP
REGULATIONS
CHAPTER IV
REGULATIONS
29.
Power to make regulations.
29. Poser to make regulations.- (1) 1*** The 2*[appropriate
Government] may make regulations for the purpose of carrying into
effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the
foregoing power, such regulations may provide for all or any of the
following matters, namely:--
(a) the manner in which Trade Unions and the rules of Trade
Unions shall be registered and the fees payable on
registration;
(b) the transfer of registration in the case of any
registered Trade Union which has changed its head
office from one State to another;
(c) the manner in which, and the qualifications of persons
by whom, the accounts of registered Trade Unions or of
any class of such Unions shall be audited;
(d) the conditions subject to which inspection of documents
kept by Registrars shall be allowed and the fees which 14
shall be chargeable in respect of such inspections; and
(e) any matter which is to be or may be prescribed.
30.
Publication of regulations.
30. Publication of regulations.-(1) The power to make regulations
conferred by section 29 is subject to the condition of the regulations
being made after previous publication.
(2) The date to be specified in accordance with clause (3) of
section 23 of the General Clauses Act, 1897 (10 of 1897), as that
after which a draft of regulations proposed to be made will be taken
into consideration shall not be less than three months from the date
on which the draft of the proposed regulations was published for
general information.
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1. The words "Subject to the control of the G. G. in C." omitted by
the A. O. 1937.
2. Subs., ibid., for "L. G.".
65 (3) Regulations so made shall be published in the Official
Gazette, and on such publication shall have effect as if enacted in
this Act.
CHAPTER V
PENALTIES AND PROCEDURE
31. Failure to submit returns.-(1) 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, every 1*[office- bearer] or other person bound by the rules
of the Trade Union to give or send the same, or, if there is no such
1*[office-bearer] or person every member of the executive of the Trade
Union, shall be punishable, with fine which may extend to five rupees
and, in the case of a continuing default, with an additional fine
which may extend to five rupees for each week after the first during
which the default continues:
Provided that the aggregate fine shall not exceed fifty rupees.
(2) Any person who wilfully makes, or causes to be made, any
false entry in, or any omission from, the general statement required
by section 28, or in or from any copy of rules or of alterations of
rules sent to the Registrar under that section, shall be punishable
with fine which may extend to five hundred rupees.
32. Supplying false information regarding Trade Unions.
32. Supplying false information regarding Trade Unions.- Any 15
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 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, shall be punishable
with fine which may extend to two hundred rupees.
33. Congnizance of offences.- (1) No Court inferior to that of a
Presidency Magistrate or a Magistrate of the first class shall try any
offence under this Act.
(2) No Court shall take cognizance of any offence under this Act,
unless complaint thereof has been made by, or with the previous
sanction of, the Registrar or, in the case of an offence under section
32, by the person to whom the copy was given, within six months of the
date on which the offence is alleged to have been committed.
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1. Subs. by Act 38 of 1964 s. 2, for "officer" (w.e.f. 1-4-1926)
