Provisions of Trade

unions Act
1926

By
Madhumita
Kumari
3rd sem, sec-A
8. Amalgamation and
Dissolution of Trade Union
(Sections 24 to 27)
Amalgamation of Trade Union

 Any two or more registered Trade Unions may

become amalgamated together as one Trade
Union with or without dissolution or division of
the funds of such Trade Unions or either or any
of them, provided that the votes of at least one-
half of the members of each or every such Trade
Union entitled to vote are recorded, and that at
least sixty percent of the votes recorded are in
favour of the proposal (sec. 24).
Notice of change of name or
amalgamations
1. A notice in writing for amalgamation, signed by the
Secretary, and by 7 members of each and every trade
Union which is a party thereto, should be sent to the
Registrar of the State in which any of the amalgamated
unions has a registered office.

If the Registrar is satisfied, he will register

and the amalgamation will have the effect
from the date of registration (sec. 25).
2.A change in the name of any registered trade union
shall not affect any rights or obligations of the trade
union (sec. 26).

If the proposed name is identical with that by which

any other existing Trade Union has been registered
or in the opinion of the Registrar so nearly resembles
such name as to be likely to deceive the public or the
members of either Trade Union, the Registrar shall
refuse to register the change of name.
(8A) Dissolution of Registered
Trade Union (Section 27)
 (1) When a registered Trade Union is dissolved, notice for the
dissolution signed by seven members and by the Secretary of the
Trade Union shall, within 14 days of the dissolution, be sent to the
Registrar and shall be registered by him if he is satisfied the
dissolution has been effected in accordance with the rules of the
Trade Union, and the dissolution shall have effect from the date of
such regulation.

 (2) Where the dissolution of a registered Trade Union has been

registered and the rules of the Trade Union do not provide for the
distribution of the funds of the Trade Union on dissolution, the
Registrar shall divide the funds amongst the member in such
manner as may be prescribed by the rules.
 If the rules trade union do not have any provision for
dissolution, then the dissolution is only possible with the
consent of all the members or by the order of court.

 Registrar will distribute the funds of a dissolved trade

union, in the proportion to the contribution made the
members by way of subscription.
(9) Submission of Returns
(Section 28)
(1) There shall be sent annually to the Registrar, on or before such date
as may bee prescribed a general statement, audited in the prescribed
manner, of all receipts and expenditure of every registered Trade
Union during the year ending on 31st day of next preceding such
prescribed date, and of the assets and liabilities of the Trade Union
existing on such 31st day of (December). The statement shall be
prepared in such form and shall comprise such particulars as may be
prescribed.

(2) Trade Union during the year which the general statement refers,
together also with copy of the rules of the Trade Union corrected upto
the date of the dispatch thereof to the Registrar.

(3) A copy of every alteration made in the rules of a registered Trade Union
shall be sent to the Registrar within 15 days of making of the
alteration.
Addition of new Sections
Under 1982 Amendments
(i) Power of Registrar to
Verify Membership of Trade
Union (Section 28 A)
 He has the power to verify the membership of a registered trade
union and matters connected therewith in such manner as may be
prescribed and shall send a report about such membership to the
State Governments and the Central Government.
 For exercising such powers, the Registrars shall follow such
procedure as may be prescribed and shall have the same power as
are vested in a civil court under the Code of Civil Procedure, 1908,
for compelling the production of documents or other connected
materials.
(ii) Voluntary Reference of
Trade Union Dispute to
Arbitration (Section 28 B)
 In trade union dispute, the parties to dispute if agrees for arbitration
then in written specifying the name of arbitrator in agreement.
 Incase of even number of arbitrators, umpire is referred.
 Arbitration agreement shall sign by both party.
 Copy of arbitration agreement is to be forwarded to appropriate
Government, and within one month they will publish it in Official
Gazette.
 Arbitrators investigate dispute and submit to the appropriate
government.
 Within 30 days it should be published.
 Published award will be final, not called in court for this afterwards.
(iii) Reference of Trade Union
Disputes to Registrar (Section
28 C)
Appropriate government in writing can refer any time to registrar for


jurisdiction.
 Registrar will follow the procedure which he thinks fit.
 Registrar shall confine his jurisdiction to those points incidental
thereto.
 As soon as possible, Registrar will submit his award to appropriate
government.
 Award should be in writing and signed by him
 Within 30 days should be published and not asked in court
afterwards.
 Parties jointly or separately can apply to registrar.
 Registrar decision will be final.
10.Power to make regulations
(Section 29)
(1) The appropriate Government may make regulations for the purpose of
carrying into effect the provisions of this Act.
(2) In particular and without prejudice to the generality of the power, such
regulations may provided for all or any of the following matters, namely;
(a) The manner in which Trade Union and the rules of Trade Unions shall
be registered and the fees payable on registration;
(b) The transfer of registration in the case of any registered Trade Union
which has changed its head office from one State to another;
(c) The manner in which, and the qualifications of persons by whom,
accounts of registered Trade Unions or of any class of such Unions
shall be audited;
(d) The conditions subject to which inspection of documents kept by
Registrars shall be allowed and the fees which shall be chargeable in
respect of such inspections; and
(e) Any matter which is to be or may be prescribed.
11. Penalties and Procedure
(i) Failure to submit returns
(sec.31)
1) If default is made on the part of any registered Trade Union in giving
any notice or sending any statement or other document as required
by or under any provision of this Act, every (office-bearer) or other
person bound by the rules of the Trade Union to give or send the
same or if there is no such or person, every member of the
executive of the Trade Union, shall be punishable with fine which
may extend to five rupees and in the case of a continuing default,
with an additional fine which may extend to five rupees for each
week after the first during which the default continues:
 Provided that the aggregate fine shall not exceed fifty rupees.

(2) Any person who willfully makes, or causes to be made, any false
entry in, or any omission from the general statement required by this
section, or in or form any copy of rules or of alterations of rules sent
to the Registrar under that Section, shall be punishable with fine
which may extend to 500 rupees.
(ii) Supplying false information
regarding Trade Union (section
32)
 Any person who, with intent to deceive, gives to any member of a
registered Trade Union or to any document purporting or
applying to become a member of such Trade Union, any
document purporting to be a copy of the rules of the Trade Union
or of any alterations to the same which he knows, or has reason
to believe, is not a correct copy of such rules or alterations as are
for the time being in force, or any person who, with the like intent
gives a copy of any rules of an unregistered Trade Union to any
person on the pretence that such rules are the rules of a
registered Trade Union, shall be punishable with fine which may
extend to 200 rupees.
(iii) Cognizance of offence
(section 33)
 (1) No court inferior to that of a Metropolitan
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, 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.
THANK
YOU