Trade union are the most suitable organisations for balancing and improving the relations between the employees and the employer. The attendance at the general meetings of unions is very poor. 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 application for registration. It has 33 sections divided into 5 chapters. The Unions Act, 1926 provides for only registration of trade unions basis on which there are 12 central trade unions. The political affiliation of the union federation is mentioned in brackets.
The Registrar, on being satisfied that the Union has complied with all the requirements of this Act, shall register the trade union. Reference of certain disputes to Industrial Court. Chapter: Rights and Liabilities of Registered Trade Unions Section 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. The decision of the Industrial Court shall be final and shall not be called in question in any Court of law. 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.
Chapter: Rights and Liabilities of Registered Trade Unions Section 28: Returns 1 There shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure of every registered Trade Union during the year ending on the 3lst day of December next preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such 3lst day of December. Such an amalgamation shall not prejudice any right of any such unions or any right of a creditor or any of them. Also, a registered trade union may constitute a separate fund, from contributions separately levied for or made to that fund, for the promotion of the civic and political interest of its members. Notice in writing of every change of name and 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 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. It has been entrusted with the task of maintaining industrial relations, enforcement of labour laws and verification of trade union membership in central sphere. No member shall be compelled to contribute to such fund 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 union by reason of his contribution to the said fund. Certificate of registration According to section 9 of the Act, the registrar shall issue a certificate of registration to the trade union after registration under section 8 which shall be conclusive proof that a trade union has been duly registered.
The British Government appointed some Commissions during this period after the agitations. The existence of rival unions with conflicting ideology is greatly responsible for the unhealthy growth of trade union movement. The firm or industry level trade unions are often affiliated to larger Federations. A minimum of 10% of the labour workforce, or 100 workers are required to form a trade union. Objects on which general funds may be spent. Incorporation of registered Trade Unions. Backwardness of the workers and their fear of victimisation keep them away from union activities.
Chapter: Rights and Liabilities of Registered Trade Unions Section 25: Notice of change of name or amalgamation 1 Notice in writing of every change of name and 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 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. Gandhian theory is based on principles of Truth and Non-Violence. However, such person will work under the superintendence and direction of the Registrar. The Act makes provisions for: a. The amendment provides for insertion of section 10A in the principal Act to power centre and state governments to recognize trade unions and federation of trade unions at central as well as state level. Its object is the protection and promotion of the interests of the working class.
Rights of minors to membership of Trade Unions. They are the most suitable organisations for balancing and improving the relations between the employer and the employees. Due to their financial weakness, most of the unions are not in a position to undertake welfare programmes for workers. Disqualifications of office-bearers of Trade Unions. Civil Judge, 1992 65 F. This resulted in a wide influence of unions and workers' organisations and led to significantly favourable social legislation being enacted in the first decade of Independence.
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. 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 of the trade unions. For Statement of Objects and Reasons. Right to inspect books of Trade Union. The following years saw the formation of several labour associations and unions.
While the 1970s in India was a period characterised by political instability, the 1980s was characterised by the beginnings of a distinct turn towards more market-friendly policies, support for industrialists and an implicit opposition to workers. For distribution of any document. Chapter: Registration of Trade Unions Section 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 on accordance with the provisions of this Act and the rules thereof provide for the following matters, namely- a the name of a 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 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 office-bearers required under Section 22 to form the executive of the Trade Union ; ee the payment of a minimum subscription by members of the Trade Union which shall not be less than- i one rupee per annum for rural workers; ii three rupees per annum for workers in other unorganised sectors;and iii twelve rupees per annum for workers in any other case; 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 office-bearers of the Trade Union shall be elected and removed ; hh the duration of period being not more than three years, for which the members of the executive and other office-bearers of the Trade Union shall be elected; i the safe custody of the funds of the Trade Union, and 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 office-bearers and members of the Trade Union ; and j the manner in which the Trade Union may be dissolved. The statement shall be prepared in such form and shall comprise such particulars as may be prescribed. The waves of strikes boiled over with the arrest of prominent leaders and trade-unionists in the infamous 'Cawnpore Conspiracy case' in 1924 with the union leaders being arrested and accused of attempting a revolution to try and overthrow the ruling British government. 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.
If any proceeding under this section the Industrial Court is, after hearing the person making the reference, satisfied that the ground on which the claim has been preferred is false or vexatious, the Court may after recording its reasons for holding such claim to be false or vexatious, make an order for the payment of costs by way of compensation which shall not be less than fifty rupees and not exceeding two hundred rupees to such person or persons, as it may specify in the order. Weaknesses of Trade Union Movement: The instability of the trade union movement in India can be traced to a number of causes given below: 1 Multiplicity of unions: Unlike the developed countries of the world like U. The subsequent decades saw significant expansion in trade union membership with the number of active unions reaching its peak in the mid-1970s and mid-1980s. They are formed not only to cater to the workers' demand, but also for inculcating in them the sense of discipline and responsibility. Chapter: Rights and Liabilities of Registered Trade Unions Section 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 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 of 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 ; 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 of 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 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 appropriate Government in the Official Gazette.
This has led to greater enrolment of these workers and subsequently led to increases in union membership. The decision of the Industrial Court in such appeal shall be final. Chapter: Rights and Liabilities of Registered Trade Unions Section 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. Chapter: Rights and Liabilities of Registered Trade Unions Section 26: Effects of change of name and of amalgamation 1 The change in the name of a registered Trade Union shall not affect any rights or obligations of the Trade Union or render 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. Trade Union Act with its many variations is a stock used for legislation in , , , , , and the and which relates to. The Trade Union Acts 1871 to 1964 means the Trade Union Acts 1871 to 1913 and the Trade Union Amalgamations Act 1964. Chapter: Registration of Trade Unions Section 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.