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Start Free TrialTrade Unions Act, 1926 Chapter III
Title: Rights and Liabilities of Registered Trade Unions
State: Central
Year: 1926
.....officers shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860). 28 L. Protection of action under the Act.--No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or purported to be done under this Act. (3) A copy of every alteration made in the rules of a registered Trade Union shall be sent to the Registrar within fifteen days of the making of the alteration. 8 [(4) For the purpose of examining the documents referred to in sub-sections (1), (2) and (3), the Registrar, or any officer authorised by him by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers, and other documents, relating to a Trade Union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than ten miles from the registered office of a Trade Union.] ______________________ 1. Substituted by Act 38 of 1964, section 6, for "March" (w.e.f. 1-4-1965). 2. Substituted by Act 38 of 1964, section 2, for "officer" (w.e.f......
View Complete Act List Judgments citing this sectionTrade Unions Act, 1926 Chapter II
Title: Registration of Trade Unions
State: Central
Year: 1926
.....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 the1[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 as1[office-bearers] required under section 22 to form the executive of the Trade Union; 2[(ee) 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.....
View Complete Act List Judgments citing this sectionTrade Unions Act, 1926 Amending Act 1
Title: Trade Unions (Amendment) Act, 2001
State: Central
Year: 1926
.....engaged or employed in the establishment or industry with which it is connected." 3. Amendment of section 5 - In section 5 of the principal Act, in sub-section (1), after clause (a), the following clause shall be inserted, namely; -- "(aa) in the case of a Trade Union of workmen, the names, occupations and addresses of the place of work of the members of the Trade Union making the application;". 4. Amendment of section6 - In section 6 of the principal Act, -- (a) For clause (ee), the following clause shall be substituted, namely: -- "(ee) 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;" (b) In clause (A), for the word "appointed", the word "elected" shall be substituted; (c) After clause (A), the following clause shall be inserted, namely; -- "(hh) 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;". 5. Insertion of new.....
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 14
Title: Registration of Union
State: Maharashtra
Year: 1946
.....shall, if after holding such inquiry as he deems fit he comes to the conclusion that the conditions requisite for registration specified in the said section are satisfied and that the union is not otherwise disqualified for registration, enter the name of the union in the appropriate register maintained under section 12 and issue a certificate of registration in such form as may be prescribed: Provided- Firstly, that in any local area there shall not at any time be more than one registered union in respect of the same industry: Secondly, that in any local area the Registrar shall in respect of an industry register a union fulfilling the conditions necessary for registration as a Representative Union in preference to one not fulfilling the said conditions, and failing such a union fulfilling the conditions necessary for registration as a Qualified Union in preference to one not fulfilling such conditions: Thirdly, that where two or more unions fulfilling the conditions necessary for registration apply for registration in respect of the same industry in any local area1[in the same calendar month] subject to the provisions of the second proviso, the union [upon] having the.....
View Complete Act List Judgments citing this sectionTrade Unions Act, 1926 Section 22
Title: Proportion of Office-bearers to Be Connected with the Industry
State: Central
Year: 1926
.....in the establishment or industry with which the Trade Union is connected. Explanation.-For the purposes of this sub-section, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a Trade Union. (3) No member of the Council of Ministers or a person holding an office of profit (not being an engagement or employment in an establishment or industry with which the Trade Union is connected), in the Union or a State, shall be a member of the executive or other office-bearer of a registered Trade Union.] _________________________ 1. Substituted by Act 31 of 2001, section 8, for section 22 (w.e.f. 9-1-2002).
View Complete Act List Judgments citing this sectionTrade Unions Act, 1926 Section 14
Title: Certain Acts Not to Apply to Registered Trade Unions
State: Central
Year: 1926
.....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." _________________________ 1. 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. 2. Vide Gujarat Act, 7 of 1962, sec. 7 (w.e.f. 1-7-1962).
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 23B
Title: Recognised Union Under C.p. and Berar Xxiii of 1947 to Be Approved Union for Purposes of This Act
State: Maharashtra
Year: 1946
1[23B. Recognised union under C.P. and Berar XXIII of 1947 to be approved union for purposes of this Act Notwithstanding anything contained in sub-section (1) of section 23, any union registered as a recognised union in any local area in respect of any industry under the Central Provinces and Berar Industrial Disputes Settlement Act, 1947( XXIII of 1947), shall, on the commencement of the Bombay Industrial Relations (Extension and Amendment) Act, 1964 (XXII of 1965), be deemed to be an union entered in the approved list as an approved union for that local area in respect of that industry.] _____________________ 1 . This section was inserted by Mah. 22 of 1965, s. 12.
View Complete Act List Judgments citing this sectionIndustrial Disputes Act, 1947 Section 25P
Title: Special Provision as to Restarting Undertakings Closed Down Before Commencement of the Industrial Disputes (Amendment) Act, 1976
State: Central
Year: 1947
.....Notwithstanding anything contained in sub-section (1) the appropriate Government may, either on its own motion or on the application made by the employer and after giving the employer and the workmen an opportunity of being heard, review its order under sub-section (1) or refer the matter to a Tribunal for adjudication: Provided that where a reference has been made to a Tribunal under this subsection, it shall pass an award within a period of sixty days from the date of such reference and, pending such award, the undertaking shall not be closed down." ________________________ 1. Vide Rajasthan Act 8 of 1984, sections 7 and 8 (w.e.f. 14-4-1984). 2. Vide West Bengal Act 33 of 1989, section 6 (w.e.f. 8-12-1989).
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 16
Title: Registration of Another Union in Place of Existing Registered Union
State: Maharashtra
Year: 1946
.....with the conditions necessary for registration specified in section 13, and that its membership was during the whole of the period of4[three calendar months immediately preceding the calendar month in which it made the application] under this section larger than the membership of the registered union, he shall subject to the provisions of section 14 register the applicant union in place of the registered union5[and issue a certificate of registration in such form as may be prescribed.] (4) Every application made under this section shall be published in the prescribed manner not less than 14 days before the expiry of the period of notice under sub-section (1). _____________________ 1. These words were inserted by Mah. 22 of 1965, s. 9(a)(i). 2. These words were substituted for the words "one month" by Bom. 63 of 1953, s. 5(1). 3. This proviso was added by Mah. 22 of 1965, s. 9(a)(ii). 4. These words were substituted for the words "three months immediately preceding the date of application" by Bom. 63 of 1963, s. 5(2). 5. These words were added by Mah. 22 of 1965, s. 9(b).
View Complete Act List Judgments citing this sectionBombay Industrial Relations Act, 1946, (Maharashtra) Section 31
Title: Registered or Representative Union to Continue to Be So for Altered Local Area for Some Time
State: Maharashtra
Year: 1946
.....contained in this Act, if there is any alteration in any local area or areas notified for the purposes of this Act,- (a) a registered or representative union entitled under this Act to appear or act as a representative of employees in an industry immediately before the alteration in the local area or areas concerned, or (b) where more than one registered or representative union are entitled to appear or act as representative of employees in an industry under this section, the union having the largest membership of employees employed in the industry, where by agreement of the other registered or representative unions or as determined by the Registrar after such inquiry as he thinks fit, shall be entitled to appear or act for the altered local area or areas, as the case may be, for a period of twelve months from the date on which such alteration is effected or if an application under section 13 is made within such period by such union or, any other union in the altered local area or areas, until the disposal of such application by the Registrar.] ______________________ 1. Section 31 was substituted for the original by Bom. 63 of 1953, s. 9.
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