THE TRADE UNIONS ACT, 1926 IN ARIF CREATION

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;
---------------------------------------------------------------------
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).
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

---------------------------------------------------------------------
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.

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,

---------------------------------------------------------------------
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.

54

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;

(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

---------------------------------------------------------------------
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
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

---------------------------------------------------------------------
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
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.

---------------------------------------------------------------------
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
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:--

---