(a) every factory; and
(b) every other establishment in which twenty or more persons are on any day during an accounting year:
3[Provided that the appropriate Government may, after giving not less months’ notice of its intention so to do, by noti cation in the Of cial Gazette, the provisions of this Act with effect from such accounting year as may be in the noti cation, to any establishment or class of establishments [including establishment being a factory within the meaning of sub-clause (ii) of of section 2 of the Factories Act, 1948 (63 of 1948)], employing such persons less than twenty as may be speci ed in the noti cation ; so, however, the number of persons so speci ed shall in no case be less than ten.] (4) Save as otherwise provided in this Act, the provisions of this Act shall, to a factory or other establishment to which this Act applies, have effect of the accounting year commencing on any day in the year 1964 and in every subsequent accounting year:
*Dated 25-9-1965.
Substituted for “An Act to provide for the payment of bonus to persons employed establishments and for matters connected therewith” by the Payment of Bonus (Amendment)
Words “except the State of Jammu and Kashmir” omitted by the Central Labour (Extension to Jammu and Kashmir) Act, 1970, w.e.f. 1-9-1971.
Inserted by the Payment of Bonus (Amendment) Act, 1976, w.r.e.f. 25-9-1975.
1
employed than two apply speci ed [including an clause (m) number of however, that relation respect respect of certain (Amendment) Labour Laws
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Trade Unions Act, 1926† [16
OF 1926]*
An Act to provide for the registration of Trade Unions and in certain respects to de ne 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 de ne the law relating to registered Trade Unions 1[* * *]. It is hereby enacted as follows:—
CHAPTER I PRELIMINARY
Short title, extent and commencement.
1. (1) This Act may be called the 2[* * *] Trade Unions Act, 1926.
3[(2) It extends to the whole of India 4[* * *],]
(3) It shall come into force on such date as the Central Government may, by notication in the Of cial Gazette, appoint.
De nitions.
2. In this Act 5[“the appropriate Government” means, in relation to Trade Unions whose objects are not con ned 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;
(b) 6[of ce bearer], in the case of a Trade Union, includes any member of the executive thereof, but does not include an auditor;
*Dated 25-3-1926.
1. Words “in the Provinces of India” omitted by the Indian Trade Unions (Amendment) Act, 1960, w.e.f. 21-9-1960.
2. Word “Indian” omitted by the Indian Trade Unions (Amendment) Act, 1964, w.e.f. 1-41965.
3. Substituted by the Adaptation of Laws order, 1950.
4. Words “except the State of Jammu and Kashmir” omitted by the Central Labour Laws (Extension to Jammu and Kashmir) Act, 1970, w.e.f. 1-9-1971. Earlier these words were substituted by the Part B States (Laws) Act, 1951.
5. Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937.
6. Substituted for “of cer” by the Indian Trade Unions (Amendment) Act, 1964, w.e.f. 1-4-1965.
†Shall be repealed by the Industrial Relations Code, 2020, with effect from a date yet to be notified.
(c) “prescribed” means prescribed by regulations made under this Act;
(d) “registered of ce” means that of ce of a Trade Union which is registered under this Act as the head of ce thereof;
(e) “registered Trade Union” means a Trade Union registered under this Act;
7[(f) “Registrar” means—
(i) a Registrar of Trade Unions appointed by the appropriate Government under section 3, and includes any Additional or Deputy Registrar of Trade Unions; and
(ii) in relation to any Trade Union, the Registrar appointed for the State in which the head or registered of ce, as the case may be, of the Trade Union is situated;]
(
g) “trade dispute” means any dispute between employers and workmen or between workmen and workmen, or between employers and employers which is connected with the employment or non-employment, or the terms of employment or the conditions of labour, of any person, and “workmen” means all persons employed in trade or industry whether or not in the employment of the employer with whom the trade dispute arises; and
(
h) “Trade Union” means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more Trade Unions:
Provided that this Act shall not affect—
(i) any agreement between partners as to their own business;
(ii) any agreement between an employer and those employed by him as to such employment; or
(iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft.
CHAPTER II
REGISTRATION OF TRADE UNIONS
Appointment of Registrars.
3. 8[(1)] 9[The appropriate Government] shall appoint a person to be the Registrar of Trade Unions for 10[each State].
7. Substituted by the Indian Trade Unions (Amendment) Act, 1960, w.e.f. 21-9-1960.
8. Section 3 renumbered as sub-section (1), ibid
9. Substituted for “Each Local Government” by the Government of India (Adaptation of India Laws) order, 1937.
10. Substituted for “the Province”, ibid.
11[(2) The appropriate Government may appoint as many Additional and Deputy Registrars of Trade Unions as it thinks t for the purpose of exercising and discharging, under the superintendence and direction of the Registrar, such powers and functions of the Registrar under this Act as it may, by order, specify and de ne the local limits within which any such Additional or Deputy Registrar shall exercise and discharge the powers and functions so speci ed.
(3) Subject to the provisions of any order under sub-section (2), where an Additional or Deputy Registrar exercises and discharges the powers and functions of a Registrar in an area within which the registered of ce of a Trade Union is situated, the Additional or Deputy Registrar shall be deemed to be the Registrar in relation to the Trade Union for the purposes of this Act.]
Mode of registration.
4. 12[(1)] Any seven or more members of a Trade Union may, by subscribing their names to the rules of the Trade Union and by otherwise complying with the provisions of this Act with respect to registration, apply for registration of the Trade Union under this Act:
13[Provided that no Trade Union of workmen shall be registered unless at least ten per cent 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 Trade Union on the date of making of application for registration: Provided further that no Trade Union of workmen shall be registered unless it has on the date of making application not less than seven persons as its members, who are workmen engaged or employed in the establishment or industry with which it is connected.]
14[(2) Where an application has been made under sub-section (1) for the registration of a Trade Union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application, but before the registration of the Trade Union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the Trade Union or have given notice in writing to the Registrar dissociating themselves from the application.]
Application for registration.
5. (1) Every application for registration of a Trade Union shall be made to the Registrar, and shall be accompanied by a copy of the rules of the Trade Union and a statement of the following particulars, namely:—
(a) the names, occupations and addresses of the members making the application;
15[(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;] 3
11. Inserted by the Indian Trade Unions (Amendment) Act, 1960, w.e.f. 21-9-1960.
12. Section 4 renumbered as sub-section (1), ibid
13. Inserted by the Trade Unions (Amendment) Act, 2001, w.e.f. 9-1-2002.
14. Inserted by the Indian Trade Unions (Amendment) Act, 1960, w.e.f. 21-9-1960.
15. Inserted by the Trade Unions (Amendment) Act, 2001, w.e.f. 9-1-2002.
