define the law relating to registered Trade Unions APPLICABILITY Applies to all kinds of the unions of workers and associations of employers which aim at regularising the labour management relations.
Eligibility for TU membership
Any person who has attained the age of 15 years is eligible to be
a member of a Regd. Trade Union subject to rules of the Union. Who can be an office bearer a) Person who has attained the age of 18 years & b) not being convicted of any offence involving moral turpitude and sentenced to imprisonment, or atleast 5 years have elapsed since his release. Coverage Extends to the whole of India.
Trade Union is a combination, whether temporary
or permanent, formed to regulate the relations between:
Workmen & Employers
Workmen & Workmen Employers & Employers
A trade Union may be formed for imposing
restrictions on the conduct of any trade or business. Appropriate Govt.
1. Central Govt in relation to Trade Unions whose
objectives are not restricted to one State.
2. State Govt. in relation to TU where the objectives
of the Trade Union are limited to a state.
*The state government appoints
Registrars of Trade Unions assisted by Additional Registrars or Dy. Registrars for each State. Process Registration of Trade Unions/ Association
Minimum 7 workmen / employers can form TU/association
and apply for registration provided that no TU of workmen shall be registered unless at least 10% or one hundred of the workmen whichever is less , engaged or employed in the establishment or industry with which it is connected are the members of such TU on the date of making of application for registration. Process (contd..) (1) Application in prescribed form (2) Application fees (3) Copy of Rules signed by at least 7 members (4) Statements containing (a) names, address, occupations of the members making the application b) Name of the Trade Union and address of Head Office of the Trade Union (c) Titles, names,ages,addresses & occupations of its office bearers. (5) If the union has been in existence for more than one year then statement of its assets and liabilities has to be submitted
1 ) Registrar may call for further information for satisfying
himself. 2) On being satisfied with all the requirements the Registrar shall register the TU and issue a certification of Registration.
G R A N T O F REGISTRATION Legal Status of a Registered TU
1) Regd. TU is a body corporate with perpetual
succession and a common seal. 2)It can acquire , hold, sell or transfer any property. 3)It can sue and be sued , in its own name. 4)No civil suit or other legal proceedings can be initiated against Regd. TU in respect of any act done in furtherance of a Trade dispute under certain conditions. 5) No agreement between the members of a Regd. TU shall be void or voidable merely on the ground that any of its objects is in restraint of trade. Obligations of Reg. TU
1)Funds of Reg.TU should be spent only for the objects
specified under Section-15. 2)Account books and membership register should be kept open for inspection by any of its members. 3)A copy of changes made in the Rules of the Union should be sent to the Registrar within 15 days of the change. 4)Annual statement of the receipts and expenditures and assets and liabilities of the union for the year ending, prepared and duly audited, should be sent to registrar within prescribed time. Cancellation of Registration a)If registration has been obtained by fraud or mistake b)If the union has ceased to exist c)if It has willfully contravened any of the provisions of the Act or d) If any rule which is required under Section-6 has been deleted.
Rights of Registered Trade Union
a)Right to demonstrate b) Right to appeal against the order of the Registrar either refusing or canceling registration, to the Civil Court/High Court, within the prescribed time.
Dissolution of Trade Union
Notice of dissolution signed by any 7 members & the Secretary of the Union should be sent to registration within 14 days of the dissolution. On being satisfied, the Registrar shall register the notice & union shall stand dissolved from that date. Offences Penalties
1. The registered Trade Union, its 1. Fine upto Rs 500/-
office bearers or members fail plus additional to give any notice or send any fine upto Rs.5/- statement as required under per week in case of the Act. continuing offence. 2. If any person wilfully makes any false entry in the annual 2. Fine Upto Rs.500/- statement of the Union or its rules. 3. Fine upto Rs. 200/- 3. If any person,with intent to deceive, gives an incorrect copy of rules to any member or a prospective member.