1.

Registration of Trade Unions (Sections 4–9)

Section 4: Mode of Registration

 Eligibility: Any group of seven or more members can apply for registration.
 Membership Requirement: For trade unions of workmen, at least 10% or 100
workers, whichever is less, engaged in the establishment or industry must be
members on the application date.
 Minimum Members: At least seven members must be workmen engaged in the
establishment or industry.

Section 5: Application for Registration

 Documents Required:
o Names, occupations, and addresses of the applicants.
o Name of the trade union and its head office address.
o Titles, names, ages, addresses, and occupations of office-bearers.
o Rules of the trade union.
o If the union has existed for over a year, a statement of assets and liabilities.

Section 7: Power to Call for Further Particulars

 Registrar's Authority:
o Can request additional information to ensure compliance.
o May require alteration of the union's name if it resembles an existing union's
name, potentially misleading the public.

Section 8: Registration

 Process:
o Upon satisfying all requirements, the Registrar registers the trade union.
o Details are entered into a prescribed register.

Section 9: Certificate of Registration

 Issuance:
o The Registrar issues a certificate of registration, serving as conclusive
evidence of the union's legal status.

🔄 2. Alteration of Name or Amalgamation (Sections 23–

25)
Section 23: Change of Name

 Procedure:
 o Requires consent from at least two-thirds of the total members.
o Must comply with Section 25 regarding notice requirements.

Section 24: Amalgamation of Trade Unions

 Conditions:
o Two or more unions can amalgamate if:
 Majority of members (at least 50%) vote.
 60% of those votes are in favor.
o Amalgamation can occur with or without dissolving existing funds.

Section 25: Notice of Change of Name or Amalgamation

 Requirements:
o Written notice signed by the Secretary and at least seven members must be
sent to the Registrar.
o Registrar may refuse if the new name is identical or confusingly similar to an
existing union's name.

⚖️3. Rights and Liabilities of Registered Trade Unions

(Sections 15–19)
Section 15: General Fund

 Usage:
o For the union's objectives, excluding political activities.

Section 16: Political Fund

 Establishment:
o Separate fund for political purposes.
 Membership Subscription:
o Not mandatory for members.

Section 17: Immunity from Criminal Conspiracy

 Protection:
o Union members are not liable for criminal conspiracy under Section 120B of
the IPC for actions taken in furtherance of a valid trade dispute. Section 18:
Immunity from Civil Suits

 Protection:
o Union members are not liable for civil suits for actions taken in furtherance of
a valid trade dispute.

Section 19: Immunity from Contractual Liabilities

  Protection:
o Union members are not liable for breach of contract for actions taken in
furtherance of a valid trade dispute.

4. Office-Bearers (Section 21)

 Eligibility:
o A minor (above 15 years) can be a member but cannot hold office until
reaching 18 years.
 Rights:
o Office-bearers have the authority to represent the union and make decisions on
its behalf.

📣 5. Appeal Against Registrar's Decisions (Section 11)

 Grounds for Appeal:
o Refusal to register a union.
o Withdrawal or cancellation of registration.
 Procedure:
o Appeal within the prescribed period.
o Jurisdiction:
 If the head office is in a Presidency town: Appeal to the High Court.
 If in an area under a Labour Court or Industrial Tribunal: Appeal to the
respective Court or Tribunal.
 Otherwise: Appeal to a designated Civil Court.
 Court's Powers:
o May direct the Registrar to register the union or set aside the cancellation.
o Follows procedures similar to those in the Code of Civil Procedure, 1908.

❌ 6. Cancellation of Registration (Section 10)

 Grounds:
o Union obtained registration by fraud or mistake.
o

OR
Section 1: Short Title, Extent, and Commencement

 Short Title: This Act is called the "Trade Unions Act, 1926".
 Extent: It applies to the whole of India.
  Commencement: It came into force on 1st June 1927.

Section 2: Definitions

This section defines key terms used in the Act:

 Trade Union: A group formed to regulate relations between workers and employers.
 Workmen: Persons employed in any trade or industry.
 Registrar: An official appointed to oversee the registration of trade unions.
 Appropriate Government: The Central or State Government responsible for a trade
union, depending on its scope.

Section 3: Appointment of Registrars

The appropriate Government shall appoint a person to be the Registrar of Trade Unions for
each State.

Section 4: Mode of Registration

At least seven members must apply for registration. For unions of workers, at least 10% or
100 workers (whichever is less) engaged in the establishment must be members at the time of
application.

Section 5: Application for Registration

Applications must include: Names and addresses of the members applying.

 Name and address of the trade union.

 Details of office-bearers.
 If the union has been in existence for over a year, a statement of its assets and
liabilities.

Section 6: Provisions to be Contained in the Rules of a Trade Union

The union's rules must include:

 Union's name and objectives.

 How funds will be used.
 Membership details and subscription fees.
  Election and removal of office-bearers.
 Annual audits and fund management.
 Dissolution process.

Section 7: Registration

If the Registrar is satisfied with the application, he shall register the union and issue a
certificate of registration.

Section 8: Effect of Registration

Upon registration, the union becomes a body corporate with perpetual succession and a
common seal.

Section 9: Certificate of Registration

The certificate issued by the Registrar is conclusive evidence that the union is duly registered.

Section 10: Cancellation of Registration

The Registrar can cancel a union's registration if:

 The union requests it.

 It was registered based on false information.
 It ceases to exist or violates the Act's provisions.
 It loses the required number of members.

The union must be given a two-month notice before cancellation.

Section 11: Appeal

Any person aggrieved by the refusal of the Registrar to register a trade union or by the
withdrawal or cancellation of a certificate of registration may appeal to the appropriate court.

Section 12: Registered 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 shall be given within fourteen
days to the Registrar in writing.

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.

Section 14: Certain Acts Not to Apply to Registered Trade Unions

The Societies Registration Act, 1860, the Co-operative Societies Act, 1912, and the
Companies Act, 1956 shall not apply to any registered trade union, and the registration of any
such trade union under any such Act shall be void.

Section 15: Use of Funds

Union funds can only be used for:

 Paying office-bearers and administrative expenses.

 Legal proceedings related to trade disputes.
 Compensation for members during disputes.
 Welfare activities like insurance or educational benefits.
 Political activities, if a separate fund is maintained for this purpose.

Section 16: Constitution of a Separate Fund for Political Purposes

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. No member shall be compelled to contribute to the
fund.

Section 17: Criminal Conspiracy in Trade Disputes

No office-bearer or member of a registered trade union shall be liable to punishment under

section 120B of the Indian Penal Code (criminal conspiracy) in respect of any agreement
made between the members for the purpose of furthering any such object of the trade union.
Section 18: Immunity from Civil Suits

No suit or other legal proceeding shall lie against any office-bearer or member of a registered
trade union for anything done in contemplation or furtherance of a trade dispute, unless the
act is done with malice and without reasonable cause.