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The Trade Unions Act, 1926

The Trade Unions Act, 1926

The Trade Unions Act, 1926 Act provides for registration of trade unions which also include associations of employers. The Act contains certain restrictions, protections and privileges to registered Trade Union. The Act provides that any seven or more members of a trade union may by otherwise complying with the provisions of this Act with respect to registration apply for the registration of Trade Union under this Act. Recently the Act has been amended and a proviso has been added to the section relating to the registration of trade unions which provides that no trade union of workmen shall be registered unless at least 10% or 100 workmen whichever is less, engaged or employed in the establishment or industry with which it is connected are the members of such trade union on the date of making application for registration.

Labour Commissioner is the Registrar of trade unions who is assisted by DLC officer level as Additional and Deputy Registrars for registration and enforcing the other provisions of the Act. Registered trade unions are required to submit annual returns to the Registrar for every preceding calendar year showing the details about union, such as their membership and annual receipts and payment account. In case any false entry is made in the statement, a fine upto Rs.500 can be imposed.

Any group of nine or more persons can form a Trade Union. However no Trade Union of the workmen shall be registered unless at least 100% or 100, which ever is less, persons engaged or employed in the Establishment or industry with which it is connected are the members of such trade union on the date of making of application for registration. The minimum age limit for membership of a Trade Union is 15 years unless the rules of a particular trade union provide for higher age limit. However for being an office bearer the person has to be above 18 years of age.

Where a trade union is in existence for more than a year before making an application to the Registrar the application should be accompanied by a general statement of assets and liabilities of the trade union. 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 the particulars in a register. A registered trade union of workmen shall at all times continue to have not less than 10% or 100 of the workmen, which ever is less, subject to a minimum of 7 persons engaged or employed in the establishment or industry with which ever it is connected, as its members.

Ref - http://nrcw.nic.in/shared/sublinkimages/79.htm