Extent and Commencement-
· It extent to whole of India.
· It came into force on 1-6-1927
Objective- An act to provide for the registration of trade unions and in certain respects to define the law relating to registered trade unions.
Definitions:
1. Appropriate Government- For the trade union whose objects are not confined to one state, the appropriate government will be the central government, for others, it will be state government.
2. Trade Dispute [Sec 2 (g)] - Any dispute between employer and workmen OR between workmen and workmen OR between employer and employer which is connected with the employment or non-employment, or the terms of employment or the conditions of labor, of any person.
Explanation- Any dispute, which occurs in the organization, with or without in related to employment termed as Trade Dispute.
3. Workmen- All persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises.
4. Trade Union [Sec 2(h)] – combination whether temporary or permanent formed primarily for the purpose of-
a. Regulating the relation between workmen and employer OR between workmen and workmen OR between employer and employer.
b. OR for imposing condition on the conduct of any trade or business.
c. And include any federation of two or more trade unions.
Registration (Sec. 3 to Sec. 10)
1. Appointment of Registrar [Sec. 3] - appointed by appropriate government for each state, may also appoint additional and deputy registrar.
2. Mode of Registration [Sec. 4] – Any seven (7) or more member of Trade Union-
i. By subscribing their names to the rules of Trade Union
ii. By complying with the provisions of the act with respect to registration.
3. Application for Registration [Sec. 5] – shall made to registrar and shall accompanied by-
i. Copy of rules of Trade Union
ii. Statement of following particulars namely:
1. Names, Occupation and Addresses of the members making the application.
2. Name of the Trade Union and Address of its Headquarter.
4. Provisions to be contained in the rules of Trade Union [Sec. 6] – Trade Union shall not be entitled to registration unless the executive thereof is constituted in accordance with provision of this act and the rules provided for following matters-
i. Name of Trade Union
ii. Objective for which Trade Union has been established
iii. Purpose for which the general funds of the Trade Union shall be applicable
5. Registration [Sec. 8] – After being satisfied by all requirements registrar shall register the Trade Union by entering in a register.
6. Certificate of Registration [Sec. 9] – The registrar registering a Trade Union, shall issue a certificate in prescribed form.
7. Cancellation of Registration [Sec. 10] – Certificate of registration may be withdrawn or cancelled by registrar-
i. On application of Trade Union
ii. If registrar is satisfied that the certificated has been obtained by fraud or mistake
iii. If registrar is satisfied that a registered Trade Union of workmen ceases to have the requisite number of members
Qualification for being member of Trade Union-
· Age of 18 or 18+ Years
· Has NOT been convicted by a court of India of any offence
Power to make regulation [Sec. 29] – Appropriate government has power to make regulation on the following matters-
· Manner/Way of registration
· Fee payable on registration
· Transfer of registration in case Trade Union has changed its headquarter from one state to another
· Qualification of an auditor
Certain Acts not to apply to registered Trade Unions-
1. The Societies Registration Act, 1860 (21 of 1860);
2. The Co-operative Societies Act, 1912 (2 of 1912);
3. The Companies Act, 1956 (1 of 1956)
