TRADE UNIONS ACT, 1926
(GUJARAT AMENDMENT) THE TRADE UNIONS ACT, 1926 [Act, No. 16 of 1926][1] [25th
March, 1926] An Act to provide for the
registration of Trade Unions and in certain respects to
define the law relating to registered Trade Unions[1][***]. Whereas it is expedient to provide for the
registration of Trade Unions and in certain respects to
define the law relating to registered Trade Unions[2][***]. It is hereby enacted as follows:- [STATE AMENDMENTS [Gujarat [3][In the Preamble Trade Union Act, before the words, "It is hereby enacted as follows
"insert the following words, namely:-"And whereas it
is expedient for deciding disputes relating to officers or members of
the executives of the Trade Unions and for certain other
purposes hereinafter appearing."] [4][In Preamble The following
shall be inserted namely:-"And whereas it is expedient to provide for
deciding disputes relating to officers or members of the executives of Trade Unions and for certain other purposes hereinafter
appearing;".]]] In this Act [5]["the
appropriate Government" means, in relation to Trade Unions whose
objects are not confined to one State, the Central Government, and in relation
to other Trade Unions, the State Government, and],
unless there is anything repugnant in the subject or context,- (a) "executive" means the body, by whatever name called, to which
the management of the affairs of a Trade Union
is entrusted; [STATE AMENDMENTS [Gujarat [6][In section 2 After clause
(a), insert the following clause, namely:- "(aa) Industrial Court" means the Industrial Court constituted
under the Bombay Industrial Relations Act, 1946, as in force in the State of Gujarat."] [7][In Section 2 The following
clause shall be inserted namely:- "(aa) "Industrial court" means the industrial court
constituted under the Bombay Industrial Relation Act, 1916, as in force in state of Gujarat.".]]] 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, and the rules
thereof provide for the following matters, namely:- (a)
the name of the 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[26] [office-bearers]
and members of 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 [8][office-bearers]
required under section 22 to form the executive of the Trade Union; (f)
[9]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;] (g)
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; (h)
the manner in which
the rules shall be amended, varied or rescinded; (i)
the manner in which
the members of the executive and the other1[office-bearers] of the Trade Union shall be [10][elected]
and removed; (j)
[11][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;] (k)
the safe custody of
the funds of the Trade Union,
an 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 1[office-bearers] and members of the Trade Union; and (l)
the manner in which
the Trade Union may be
dissolved. [STATE AMENDMENTS [Gujarat [12][In section 6 after clause
(f), insert the following clause, namely:- "(ff) the termination of membership of the Trade Union of persons whose
subscription is in arrears for a period exceeding six months or for such lesser
period as may be provided in the rules"] [13][In Section 6 The following
clause shall be inserted namely:- "(ff) the termination of membership of the Trade Union of persons whose
subscription is in arrears for a period exceeding six months or for such lesser
period as may be provided in the rules".] 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 manner as may be
prescribed; (b) if the Registrar is satisfied that the certificate has been obtained
by fraud or mistake or that the Trade Union
has ceased to exist or has willfully and after notice from the Registrar
contravened any provision of this Act or
allowed any rule to continue in force which is inconsistent with any such
provision or has rescinded any rule providing for any matter provision for
which is required by section 6; [14][(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to
have the requisite number of members:] Provided that
not less than two months' previous notice in writing specifying the ground on
which it is proposed to withdraw or cancel the certificate shall be given by
the Registrar to the Trade Union
before the certificate is withdrawn or cancelled otherwise than on the
application of the Trade Union. [STATE AMENDMENTS [Gujarat [15][After Section 10 After
section 10 insert the following, section, namely:- "10A. Liability of existing registered Trade Unions to make certain provisions in their Rules.- (1) The rules of every Trade Union
which was registered under this Act before
the date of commencement of the Indian Trade Unions (Gujarat
Amendment) Act, 1961, and
the certificate of registration of which is in force on that date shall provide
for the matter specified in clause (ff) of section 6. (2) If no provision as required by sub-section (1) is made in the rules of
any existing Trade Union
before the expiry of six months from the date mentioned in sub-section (1), the
Registrar may cancel the registration of such Trade Union: Provided
that not less than two months notice in writing specifying the
grounds on which it is proposed to cancel the certificate shall be given by the
Registrar to the Trade Union
before the certificate is cancelled."] [16][After Section 10 The following
clause shall be inserted namely:-"10A. Liability of existing
registered Trade Unions to make certain provisions
in their Rules.- (1) The rules of every Trade Union
which was registered under this Act before
the date of commencement of the Indian Trade Unions (Gujarat
Amendment) Act, 1961, and
the certificate of registration of which is in force on that date shall provide
for the matter specified in clause (ff) of section 6. (2) If no provision as required by sub-section (1) is made in the rules of
any existing Trade Union
before the expiry of six months from the date mentioned in sub-section (1), the
Registrar may cancel the registration of such Trade Union: Provided that not less
than two months notice in writing specifying the grounds on which it is
proposed to cancel the certificate shall be given by the Registrar to the Trade Union before the
certificate is cancelled."]]] [17][11. Appeal (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, within such period as may
be prescribed, appeal- (a) where the head office of the Trade Union is situated within the limits of a Presidency
town [18][***]
to the High Court, or [19][(aa) where the head office is situated in an area, falling within the
jurisdiction of a Labour Court or an Industrial Tribunal, to that Court or
Tribunal, as the case may be;] (b) where the head office is situated in any area, to such Court, not
inferior to the Court of an additional or assistant Judge of a principal Civil
Court of original jurisdiction as the [20][Appropriate Government]
may appoint in this behalf for that area. (2) The appellate Court may dismiss the appeal, or pass an order directing
the Registrar to register the Union and to issue a certificate of registration
under the provisions of section 9 or setting aside the order or
withdrawal or ancellation of the certificate, as the case may be, and the
Registrar shall comply with such order. (3) For the purpose of an appeal under sub-section (1) an appellate Court
shall, so far as may be, follow the same procedure and have the same power as
it follows and has when trying a suit under the Code of Civil Procedure, 1908
(5 of 1908), and may direct by whom the whole or any part of the costs of the
appeal shall be paid, and such costs shall be recovered as if they
had been awarded in a suit under the said Code. (4) In the event of the dismissal of an appeal by any Court appointed under
clause (b) of sub-section (1) the person aggrieved shall have a right of appeal
to the High Court, and the High Court shall, for the purpose of such
appeal, have all the powers of an appellate Court under sub-sections (2) and
(3), and the provisions of those sub-sections shall apply accordingly.] [STATE AMENDMENTS [Gujarat [21][SECTION 11A After section
11, insert the following section, namely:- "11A.
Appeal to Industrial Court in certain cases.- (1) Notwithstanding anything contained in sub-section (1) of section 11 in
the case of a Trade Union
in relation to which the State Government is the appropriate Government, any
person aggrieved by any refusal of the Registrar to register such Trade Union or by withdrawal or
cancellation of a certificate of a certificate of registration may within such
period as may be prescribed, appeal to the Industrial Court. The decision of
the Industrial Court in such appeal shall be final. (2) In respect of an appeal under sub-section (1), the Industrial Court
shall have the same power and follow the same procedure as an appellate Court
has and follows under sub-sections (2) and (3) of section 11."] [22][After Section 11 The fallowing
section shall be inserted. namely:- "11A.
Appeal to Industrial Court in certain cases.- (1) Notwithstanding anything contained in sub-section (1) of section Appeal
to 11, in the case of a Trade Union
in relation to which the State Government is the appropriate Government, ally
person aggrieved by any refusal of the Registrar to register such Trade Union or by the withdrawal
or cancellation of a certificate of registration may, within such period as may
be prescribed, appeal to the Industrial Court; The decision of the Industrial
Court in such appeal shall be final. (2) In respect of an appeal under sub-section (1), the Industrial Court
shall have the same powers and follow the same procedure as an appellate Court
has and follows under sub-sections (2) and (3) of section 11.".] The following
Acts, namely:- (a) The Societies Registration Act, 1860 (21 of 1860) (b) The Co-operative Societies Act, 1912 (2 of 1912) [23][(c) The Companies Act,
1956 (1 of 1956)]shall not apply to any registered Trade Union, and the registration of any such Trade Union under any such Act shall be void. [STATE AMENDMENTS [24][Gujarat After Chapter
II, insert the following Chapter, namely:- "CHAPTER
IIA DISPUTES
RELATING TO OFFICE IN, OR MEMBERSHIP OF THE EXECUTIVE OF, A TRADE UNION "14A.
Reference of certain disputes to Industrial Court.-- (1) If there is any dispute as to who is the lawful officer of
a Trade Union or a
member of the executive thereof, any person who has been a member of the Trade Union for not less than six
months immediately before the date on which the dispute arose, may, with the
consent of Registrar and in such manner as may be prescribed, refer the dispute
to the Industrial Court for a decision. (2) On a reference being made under sub-section (1) the Industrial Court
shall after hearing the parties to such dispute, decide the dispute. The Court
may in its discretion require the holding of fresh elections under its
supervision to decide the dispute. The decision of the Industrial Court shall
be final and shall not be called in question in any Court of law. (3) Pending the disposal of the reference, the Industrial Court may make an
interim order specifying the persons who shall be deemed to be the lawful
officers of the Trade Union
or the members of the executive thereof, as the case may be, until the decision
of the dispute. (4) No civil Court shall entertain any civil suit or other proceeding in
relation to disputes mentioned in this section."] [25][After Section 14 The following
Chapter shall be inserted, namely:- "CHAPTER
IIA DISPUTES
RELATING TO OFFICE IN, OR MEMBERSHIP OF THE EXECUTIVE OF, A TRADE UNION "14A.
Reference of certain disputes to Industrial Court.-- (1) If there is any dispute as to who is the lawful Officer of a Trade Reference of Union or a
member of the executive thereof, any person who has been a certain dismember of
the Trade Union for a
period of not less than six months immediately before the date on which the
dispute arose, may, with the consent of the Court. Registrar and in such manner
as may be prescribed, refer the dispute to the Industrial Court for a
decision. (2) On a reference being made under sub-section (1), the Industrial Court
shall, after hearing the parties to such dispute, decide the dispute. The Court
may in its discretion require the holding of fresh elections under its
supervision to decide the dispute, The decision of the Industrial Court shall be
final and shall not be called in question in any court of law. (3) Pending the disposal of the reference, the Industrial Court may make an
interim order specifying the persons who shall be deemed to be the lawful
Officers of the Trade Uni.
n or members of the executive thereof, as the case may be, until the decision
of the dispute. (4) No Civil Court shall entertain any civil suit or other proceeding in
relation to disputes mentioned in this section".]]] (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 cognizance of any offence under this Act, unless complaint thereof has been
made by, or with the previous sanction of, the Registrar or, in the case of an
offence under section 32, by the person to whom the copy was given, within six
months of the date on which the offence is alleged to have been committed. STATE AMENDMENT [26]Gujarat In its application
to the Bombay area of the State of Gujarat, the amendment made in section 33 is
the same as that of Maharashtra. [1]
The words "in the
Provinces of India" omitted by Act 42 of 1960, Section2. [2]
The words "in the Provinces
of India" omitted by Act 42
of 1960, Section2. [3]
Vide Gujarat Act 7 of 1962, Section 2 (w.e.f.
1-7-1962). [4]
Inserted by Indian Trade Unions (Gujarat Amendment) Act, 1961. [5]
Inserted by the A.O.
1937. [6]
Vide Gujarat Act 7 of 1962, Section 3 (w.e.f.
1-7-1962). [7]
Inserted by Indian Trade Unions (Gujarat Amendment) Act, 1961. [8]
Substituted by Act 38 of 1964, section 2, for
"officers" (w.e.f. 1-4-1965). [9]
Clause (ee) Inserted
by Act 42 of 1960,
section 6 and Substituted by Act 31
of 2001, section 4 (w.e.f. 9-1-2002). [10]
Substituted by Act 31 of 2001, section 4 for
"appointed" (w.e.f. 9-1-2002). [11]
Inserted by Act 31 of 2001, section 4 (w.e.f.
9-1-2002). [12]
Vide Gujarat Act 7 of 1962, section 3 (w.e.f.
1-7-1962). [13]
Inserted by Indian Trade Unions (Gujarat Amendment) Act, 1961. [14]
Inserted by Act 31 of 2001, section 6 (w.e.f.
9-1-2002). [15]
Vide Gujarat Act 7 of 1962, section 5 (w.e.f.
1-4-1965). [16]
Inserted by Indian Trade Unions (Gujarat Amendment) Act, 1961. [17]
Substituted by Act 15 of 1928, section 2, for
section 11. [18]
The words "or of
Rangoon" omitted by the A.O. 1937. [19]
Inserted by Act 31 of 2001, section 7 (w.e.f.
9-1-2002). [20]
Substituted, by Act 15 of 1928, section 2, for
"Local Government". [21]
Vide Gujarat Act 7 of 1962, section 6 (w.e.f.
1-7-1962). [22]
Inserted by Indian Trade Unions (Gujarat Amendment) Act, 1961. [23]
Substituted by Act 42 of 1960, section 7, for
clause (c). The original clauses (c) and (d) were repealed by Act 25 of 1942, section 2 and
Schedule 1. [24]
Vide Gujarat Act, 7 of 1962, sec. 7 (w.e.f.
1-7-1962). [25]
Inserted by Indian Trade Unions (Gujarat Amendment) Act, 1961. [26]
Vide Gujarat Act 11 of 1960, sec. 87.
Preamble 1 - TRADE UNIONS ACT, 1926PREAMBLE