SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
(1) This Act may be called the 3[* * *] Trade Union Act, 1926. 4[(2) It extends to the whole of India 5[* * *]. (3) It shall come into force on such 6[date] as...
2Definitions
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 rela...
Chapter IIRegistration Of Trade Union
3Appointment of Registrars
10[(1)] 11[The appropriate government] shall appoint a person to be the Registrar of Trade Unions for 12[each State]. 13[(2) The appropriate government may app...
4Mode of registration
10[(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 provisio...
5Application 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 ...
6Provisions 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,...
7Power to call for further particulars and to require alternations of names
(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 th...
8Registration
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 ...
9Certificate 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 eviden...
10Cancellation 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A certificate of registration of a trade union may be withdrawn or cancelled by the Registrar- (a) on the application of the trade union to be verified in such...
11Appeal
(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,...
12Registered office
All communications and notices to a registered trade union may be addressed to its registered office. Notice of any change in the address of the head office s...
13Incorporation of registered trade union
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 po...
14Certain 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) 17[(c) The Companies Act...
Chapter IIIRights And Liabilities Of Registered Trade Unions
15Objects 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 ex...
16Constitution 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, f...
17Criminal Conspiracy in trade disputes
No 8[office-bearer] or member of a registered trade union shall be liable to punishment under sub-section (2) of section 120B of the Indian Penal Code, 1860 (...
18Immunity 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 8[office-bearer] or member thereof in...
19Enforceability 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 voi...
20Right to inspect books of trade unions
The account books of a registered trade union and the list of members thereof shall be open to inspection by an 8[office-bearer] or member of the trade union ...
21Rights 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 ...
21ADisqualifications of office-bearers of trade unions
(1) A person shall be disqualified for being chosen as, and for being member of the executive or any other office bearer of a registered trade union if- (...
22Proportion of office-bearers to be connected with the industry
Not less than one-half of the total number of the 8[office-bearers] of every registered trade union shall be persons actually engaged or employed in an indust...
23Change of name
Any registered trade union may, with the consent of not less than two-thirds of the total number of members and subject to the provisions of section 25, chang...
24Amalgamation 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 ...
25Notice 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 ...
26Effects 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 ...
27Dissolution
(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 fourte...
28Returns
(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 ...
Chapter IVRegulations
29Power to make regulations
(1) 27[* * *] The 16[appropriate government] may make regulations for the purpose of carrying into effect the provisions of this Act. (2) In particular and wi...
30Publication 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 t...
Chapter VPenalties And Procedure
31Failure 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 p...
32Supplying false information regarding trade unions
Any 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 trad...
33Cognizance 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 cogni...
Central Trade Union Regulations, 1938
1Title and application
(1) These regulations may be called the Central Trade Union Regulations, 1938. (2) The regulations apply to trade unions whose objects are not confined to one...
2Definitions
In these regulations- (a) "the Act" means the Indian Trade Union Act, 1926. (b) "form" means a form appended to these regulations. (c) "section" means a sectio...
3Application for registration
Every application for registration of a trade union shall be made in Form A. ...
4Register of trade unions
The Register of Trade Unions referred to in section 8 shall be maintained in Form B. ...
5Certificate of registration
(1) The Certificate of Registration issued by the Registrar under section 9 shall be in Form C. (2) When the Registrar registers a change of name under section...
6Cancellation of registration
The Registrar on receiving an application for the cancellation of registration shall, before granting the application, satisfy himself that the withdrawal or ...
7Unions registered with 2[State] Registrars
If the application is made by a trade union which has previously been registered by the Registrar of any 1[State] the union shall submit with its application...
8Fees
The fee payable for the registration of a trade union shall be Rs. 5. ...
9Amendment of rules
(1) On receiving a copy of an application made in the rules of a trade union under section 28(3), the Registrar, unless he has reason to believe that the alte...
10Appeals
Any appeal made under section 11(l) of the Act must be filed within sixty days of the date on which the Registrar passed the order against which the appeal is...
11Funds of a dissolved trade union
Where it is necessary for the Registrar, under section 27(2) to distribute the funds of a trade union which has been dissolved, he shall divide the funds in p...
12Return
The annual return to be furnished under section 28 shall be submitted to the Registrar by the 31st day of July in each year and shall be in Form D. ...
13Auditors
(1) Save as provided in sub-clauses (2), (3) and (5) of this regulation, the annual audit of the account of any registered trade union shall be conducted by a...
14Exception
Notwithstanding anything contained in Regulation 13, no person, who, at any time during the year, was entrusted with any part of the funds or securities belon...
15Audit
The auditor or auditors appointed in accordance with the regulations shall be given access to all the books of the trade union and shall verify the annual ret...
16Audit of political funds
The audit of the political funds of a registered trade union shall be carried out along with the audit of the general account of the trade union and by the sa...
17Inspection
(1) The register of trade unions maintained in accordance with Regulation 4 shall be open to inspection by any person on payment of a fee of annas eight. (2) ...
Form AApplication For Registration Of Trade Union
Dated the __________ day of __________ 19 1. We hereby apply for the registration of a trade union under the name of _______________ 2. The address of the head...
ScheduleI
SCHEDULE I : List of Officers Title Name Age Address Occupation           Note : Enter in this Schedule the names of all members of the executive of the union ...
Schedule II
SCHEDULE II : Reference to Rules The numbers of the rules-making provision for the several matters detailed in column 1 are given in column 2 below: Matter Num...
Schedule III
SCHEDULE III : Statement of Liabilities and Assets on The_________ Day of 19 (This need not be filled in if the union came into existence less than one year be...
Form CCertificate Of Registration Of Trade Union
No ____________________ It is hereby certified that the ________________ has been registered under the Indian Trade Unions Act, 1926. this ___________ day of _...
Form DAnnual Return Prescribed Under Section 28 Of The Indian Trade Unions Act, 1926, For The Year Ending On 31st March, 19
Name of Union. Registered Head Office Number of certificate of registration. Return to be made by federations of trade unions Number of unions affiliated at the...
Have a Legal Issue?
Get connected to the Best Lawyers and Chartered Accountants Near You!