9. Certificate of registration.—
The Registrar, on registering a Trade Union under section 8, shall issue a
certificate of registration in the prescribed form which shall be conclusive evidence that the Trade Union has
been duly registered under this Act.
STATE AMENDMENT
Ladakh (UT).—
Section 9.—After “certificate of registration”, “insert with in a period not exceeding thirty days subject to
the fulfillment of other provisions of this Act”.
[Vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No.
S.O. 3774(E), dated (23-10-2020).]
Jammu and Kashmir (UT).—
Substitution of section 9-For section 9, substitute—
9. Certificate of registration.—The Registrar, on registering a Trade Union under section 8, shall issue a
certificate of registration within a period not exceeding thirty days subject to the fulfillment of other provisions
of this Act in the prescribed form which shall be conclusive evidence that the Trade Union has been duly
registered under this Act”.
[Vide Union Territory of Jammu and Kashmir Reorganisation (Adaptation of Central Laws) Order, 2020,
notification No. S.O. 3465(E), dated (5-10-2020).]
4[9A. Minimum requirement about membership of a Trade Union.—A registered Trade Union of
workmen shall at all times continue to have not less than ten per cent. or one hundred of the workmen,
whichever is less, subject to a minimum of seven, engaged or employed in an establishment or industry with
which it is connected, as its members.]
10. Cancellation of registration.—A certificate of registration of a Trade Union may be withdrawn or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, or
(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 wilfully 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inconsistent with any such provision, or has rescinded any rule providing for any matter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:
5
[
(c) if the Registrar is satisfied that a registered Trade Union of workmen ceases to have the
requisite number of members:]
1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
2. Subs. by Act 31 of 2001, s. 4, for “appointed” (w.e.f. 9-1-2002).
3. Ins. by s. 4, ibid., (w.e.f. 9-1-2002).
4. Ins. by s. 5, ibid., (w.e.f. 9-1-2002).
5. Ins. by s. 6, ibid., (w.e.f. 9-1-2002).
6
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.
1
[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
2
***, to the High Court, or
3
[(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 other 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 4[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 for withdrawal or cancellation 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 powers 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.]
12. Registered office.—All communications and notices to a registered Trade Union may
be addressed to its registered office. Notice of any change in the address of the head office
shall be given within fourteen days of such change to the Registrar in writing, and the changed
address shall be recorded in the register referred to in section 8.
13. Incorporation of registered Trade Unions.—Every registered Trade Union shall be a
corporate by the name under which it is registered, and shall have perpetual succession and
a body common seal with power to acquire and hold both movable and immovable property
and to contract, and shall by the said name sue and be sued.
14. Certain Acts not to apply to registered Trade Unions.—The following Acts,
namely:—
(a) The Societies Registration Act, 1860 (21 of 1860),
(b) The Co-operative Societies Act, 1912 (2 of 1912),
5
* * * * *
6
[
(c) The Companies Act, 1956 (1 of 1956),]
1. Subs. by Act 15 of 1928, s. 2, for section 11.
2. The words “or of Rangoon” omitted by the A.O. 1937.
3. Ins. by Act 31 of 2001, s. 7 (w.e.f. 9-1-2002).
4. Subs., ibid., for “L.G.”.
5. Clauses
(c) and
(d) rep. by Act 25 of 1942, s. 2 and the First Schedule.
6. Subs. by Act 42 of 1960, s. 7, for clause ( e).
7
shall not apply to any registered Trade Union, and the registration of any such Trade Union under any
such Act shall be void.
CHAPTER III
RIGHTS AND LIABILITIES OF REGISTERED TRADE UNIONS
15. Objects on which general funds may be spent .—The general funds of a
registered Trade Union shall not be spent on any other objects than the following,
namely:—
(a) the payment of salaries, allowances and expenses to 1[office-bearers] of the Trade
Union;
(b) the payment of expenses for the administration of the Trade Union, including
audit of the accounts of the general funds of the Trade Union;
(c) the prosecution or defence of any legal proceeding to which the Trade Union or
any member thereof is a party, when such prosecution or defence is undertaken f or the
purpose of securing or protecting any rights of the Trade Union as such or any rights
arising out of the relations of any member with his employer or with a person whom the
member employs;
(d) the conduct of trade disputes on behalf of the Trade Union or any member
thereof;
(e) the compensation of members for loss arising out of trade disputes;
(f) allowances to members or their dependant on account of death, old age, sickness, accidents
or unemployment of such members;
(g) the issue of, or the undertaking of liability under, policies of assurance on the lives
of members, or under policies insuring members against sickness, accident or
unemployment;
(h) the provision of educational, social or religious benefits for members (including
the payment of the expenses of funeral or religious ceremonies for deceased members)
or for the dependants of members;
(i) the upkeep of a periodical published mainly for the purpose of discussing questions affecting
employers or workmen as such;
(j) the payment, in furtherance of any of the objects on which the general funds of the
Trade Union may be spent, of contributions to any cause intended to benefit workmen in
general, provided that the expenditure in respect of such contributions in any financial year
shall not at any time during that year be in excess of one -fourth of the combined total of the
gross income which has up to that time accrued to the general funds of the Trade Union
during that year and of the balance at the credit of those funds at the commencem ent of that
year; and
(k) subject to any conditions contained in the notification, any other object notified by the
2
[appropriate Government] in the Official Gazette.
1. Subs. by Act 38 of 1964, s. 2, for “officers” (w.e.f. 1-4-1965).
2. Subs. by the A.O. 1937, for “G.G in C.”.
8
STATE AMENDMENT
Maharashtra
Amendment of heading of Chapter III of Act XVI of 1926.—In Chapter III of the Trade Unions
Act, 1926, in its application to the State of Maharashtra (hereinafter referred to as “the principal Act”),
in the heading after the words “Trade Unions” the words “and Settlement of Certain Disputes” shall be
added.
[Vide Maharashtra Act III of 1968, s. 2]
16. Constitution of a separate fund for political purposes.—
(1) A registered Trade
Union may constitute a separate fund, from contributions separately levied for or made to that
fund, from which payments may be made, for the promotion of the civic and political interests
of its members, in furtherance of any of the objects specified in sub -section
(2).
(2) The objects referred to in sub-section
(1) are:—
(a) the payment of any expenses incurred, either directly or indirectly, by a candidate or
prospective candidate for election as a member of any legislative body constituted under 1 [the
Constitution] or of any local authority, before, during, or after the election in connection with his
candidature or election; or
(b) the holding of any meeting or the distribution of any literature or documents in support of
any such candidate or prospective candidate; or
(c) the maintenance of any person who is a member of any legislative body constituted under
1
[the Constitution] or of any local authority; or
(d) the registration of electors or the selection of a candidate for any legislative body constituted
under 1[the Constitution] or for any local authority; or
(e) the holding of political meetings of any kind, or the distribution of political literature or
political documents of any kind.
2
[(2A) In its application to the State of Jammu and Kashmir, references in sub-section
(2) to any
legislative body constituted under the Constitution shall be construed as including references to the
Legislature of that State.]
(3) No member shall be compelled to contribute to the fund constituted under sub -section
(1);
and a member who does not contribute to the said fund shall not be excluded from any benefits of
the Trade Union, or placed in any respect either directly or indirectly under any disability or at
any disadvantage as compared with other members of the Trade Union (except in relation to the
control or management of the said fund) by reason of his not contributing to the said fund; and
contribution to the said fund shall not be made a condition for Admission to the Trade Union.
17. Criminal conspiracy in trade disputes.—No 3 [office-bearer] or member of a registered
Trade Union shall be liable to punishment under sub-section
(2) of section 120B of the Indian Penal
Code (45 of 1860), in respect of any agreement made between the members for the purpose of
furthering any such object of the Trade Union as is specified in section 15, unless the agreement is
an agreement to commit an offence.
18. Immunity from civil suit in certain cases.—
(1) No suit or other legal proceeding shall be
maintainable in any Civil Court against any registered Trade Union or any 3[office-bearer] or
member thereof in respect of any act done in contemplation or furtheranc e of a trade dispute to
which a member of the Trade Union is a party on the ground only that such act induces some other
person to break a contract of employment, or that it is in interference with the trade, business or
1. The words “the Government of India Act” have been successively amended by the A.O. 1937, the A.O. 1950 and Act 42 of
1960 to read as above.
2. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1 -9-1971).
3. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
9
employment of some other person or with the right of some other person to dispose of his capital
or of his labour as he wills.
(2) A registered Trade Union shall not be liable in any suit or other legal proceeding in any Civil
Court in respect of any tortious act done in contemplation or furtherance of a trade dispute by an agent
of the Trade Union if it is proved that such person acted without the knowledge of, or contrary to
express instructions given by, the executive of the Trade Union.
19. Enforceability of agreements.—Notwithstanding anything contained in any other law for
the time being in force, an agreement between the members of a registered Trade Union shall not
be void or voidable merely by reason of the fact that any of the objects of the agreement are in
restraint of trade:
Provided that nothing in this section shall enable any Civil Court to entertain any legal
proceeding instituted for the express purpose of enforcing or recovering damages for the breach
of any agreement concerning the conditions on which any members of a Tra de Union shall or
shall not sell their goods, transact business, work, employ or be employed.
20. Right to inspect books of Trade Union.—The account books of a registered Trade
Union and the list of members thereof shall be open to inspection by an 1 [office-bearer] or
member of the Trade Union at such times as may be provided for in the rules of the Trade Union.
21. Rights of minors to membership of Trade Unions.—Any person who has attained the
age of fifteen years may be a member of a registered Trade Union subject to any rules of the
Trade Union to the contrary, and may, subject as aforesaid, enjoy all the rights of a member and
execute all instruments and give all acquittances necessary to be executed or given under the
rules.
2
* * * * *
3
[21A. Disqualifications of office-bearers of Trade Unions.—
(1) A person shall be disqualified
for being chosen as, and for being, a member of the executive or any other office-bearer of a registered
Trade Union if—
(i) he has not attained the age of eighteen years;
(ii) he has been convicted by a Court in India of any offence involving moral turpitude and
sentenced to imprisonment, unless a period of five years has elapsed since his release.
(2) Any member of the executive or other office-bearer of a registered Trade Union who, before the
commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), has been convicted
of any offence involving moral turpitude and sentenced to imprisonment, shall on the date of such
commencement cease to be such member or office-bearer unless a period of five years has elapsed since
his release before that date.]
4
[
(3) In its application to the State of Jammu and Kashmir, reference in sub-section
(2) to the
commencement of the Indian Trade Unions (Amendment) Act, 1964 (38 of 1964), shall be construed as
reference to the commencement of this Act in the said State.]
5
[ 22. Proportion of office-bearers to be connected with the industry.—
(1) Not less than one-half
of the total number of the office-bearers of every registered Trade Union in an unorganised sector shall be
persons actually engaged or employed in an industry with which the Trade Union is connected:
Provided that the appropriate Government may, by special or general order, declare that the
provisions of this section shall not apply to any Trade Union or class of Trade Unions specified in the
order.
1. Subs. by Act 38 of 1964, s. 2, for “officer” (w.e.f. 1-4-1965).
2. The proviso omitted by s. 4, ibid. (w.e.f. 1-4-1965).
3. Ins. by s. 5, ibid. (w.e.f. 1-4-1965).
4. Ins. by Act 51 of 1970, s. 2 and the Schedule (w.e.f. 1-9-1971).
5. Subs. by Act 31 of 2001, s. 8, for section 22 (w.e.f. 9-1-2002).
10
Explanation.—For the purposes of this section, "unorganised sector" means any sector which the
appropriate Government may, by notification in the Official Gazette, specify.
(2) Save as otherwise provided in sub-section
(1), all office-bearers of a registered Trade Union,
except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be
persons actually engaged or employed 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.]
23. Change of name.—Any registered Trade Union may, with the consent of not less than two-
thirds of the total number of its members and subject to the provisions of section 25, change its name.
24. Amalgamation of Trade Unions.—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 per cent. of the votes
recorded are in favour of the proposal.
25. Notice of change of name or amalgamation.—
(1) Notice in writing of every change of
name and of every amalgamation, signed, in the case of a change of name, by the Secretary and by
seven members of the Trade Union changing its name, and, in the case of an amalgamation, by the
Secretary and by seven members of each and every Trade Union which is a party thereto, shall be
sent to the Registrar, and where the head office of the amalgamated Trade Union is situated in a different
State, to the Registrar of such State.
(2) 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.
(3) Save as provided in sub-section
(2), the Registrar shall, if he is satisfied that the provisions of
this Act in respect of change of name have been complied with, register the change of name in the
register referred to in section 8, and the change of name shall have effect from the date of such
registration.
(4) The Registrar of the State in which the head office of the amalgamated Trade Union is
situated shall, if he is satisfied that the provisions of this Act in respect of amalgamation have been
complied with and that the Trade Union formed thereby is entitled to registration under section 6,
register the Trade Union in the manner provided in section 8, and the amalgamation shall have
effect from the date of such registration.
26. Effects of change of name and of amalgamation.—
(1) The change in the name of a
registered Trade Union shall not affect any rights or obligations of the Trade Union or render
defective any legal proceeding by or against the Trade Union, and any legal proceeding which
might have been continued or commenced by or against it by its former name may be continued
or commenced by or against it by its new name.
(2) An amalgamation of two or more registered Trade Unions shall not prejudice any right of any of
such Trade Unions or any right of a creditor of any of them.
11
27. Dissolution.—
(1) When a registered Trade Union is dissolved, notice of the dissolution
signed by seven members and by the Secretary of the Trade Union shall, within fourteen days of
the dissolution, he sent to the Registrar, and shall be registered by him if he is satisfied that 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 registration.
(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 funds of the Trade Union on dissolution,
the Registrar shall divide the funds amongst the members in such manner as may be prescribed.
28. Returns.—
(1) There shall be sent annually to the Registrar, on or before such date as may
be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditure
of every registered Trade Union during the year ending on the 31st day of 1 [December] next
preceding such prescribed date, and of the assets and liabilities of the Trade Union existing on such
31st day of 1[December]. The statement shall be prepared in such form and shall comprise such
particulars as may be prescribed.
(2) Together with the general statement there shall be sent to the Registrar a statement
showing all changes of 2[office-bearers] made by the Trade Union during the year to which the
general statement refers, together also with a copy of the rules of the Trade Union corrected up to
the date of the despatch 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 fifteen days of the making of the alteration.
3
[
(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 h e 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.]
STATE AMENDMENT
Maharashtra
Insertion of new section 28-IA in Chapter III of Act XVI of 1926.—In chapter III of the
principal Act, after section 28, the following new section shall be inserted, namely: --
“28-1A. Power of Industrial Court to decide certain disputes.--
(1) Where there is a dispute as
respects whether or not any person is an office-bearer or a member of a registered Trade Union
including any dispute relating to wrongful expulsion of any such office-bearer or member), or where
there is any dispute relating to the property (including the account books) of any registered Trade
Union, any member of such registered Trade Union for a period of not less than six months may, with
the consent of the Registrar, and in such manner as may be prescribed, refer the dispute to the
Industrial Court constituted under the Bombay Industrial Relations Act, 1946, for decision.
(2) The Industrial Court shall, after hearing the parties to the dispute, decide the dispute; and may
require an office-bearer or member of the Registered Trade Union to be appointed whether by
election or otherwise under the supervision of such person as the Industrial Court may appoint in this
behalf or removed, in accordance with the rules of the Trade Union:
Provided that the Industrial Court may, pending the decision of the dispute, make an interim order
specifying or appointing any person or appointing a Committee of Administration for any purpose
under the Act including the purpose of taking possession or control of the property in dispute and
managing it for the purposes of the Union pending the decision.
1. Subs. by Act 38 of 1964, s. 6, for “March” (w.e.f. 1-4-1965).
2. Subs. by s. 2, ibid., for “officers” (w.e.f. 1-4-1965).
3. Ins. by Act 42 of 1960, s. 9.
12
(3) The decision of the Industrial Court shall be final and binding on the parties and shall not be
called in question in any Civil Court.
(4) No Civil Court shall entertain any suit or other proceedings in relation to the dispute referred
to the Industrial Court as aforesaid, and if any suit or proceeding is pending in any such Court, the
Civil Court shall, on receipt of an intimation from the Industrial Court that it is seized of the question,
cease to exercise jurisdiction in respect thereof.
(5) Save as aforesaid, the Industrial Court may, in deciding disputes under this section, exercise
the same powers and follow the same procedure as it exercises or follows for the purpose of deciding
industrial disputes under the Bombay Industrial Relations Act, 1946.”
[Vide Maharashtra Act III of 1968, s. 3]
CHAPTER IV
REGULATIONS
29. Power to make regulations.—
(1) 1*** the 2[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 foregoing power, such regulations may
provide for all or any of the following matters, namely:—
(a) the manner in which Trade Unions 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, the 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 matte which is to be or may be prescribed.
3
[
(3) Every notification made by the Central Government under sub-section
(1) of section 22, and
every regulation made by it under sub-section
(1) shall be laid, as soon as may be after it is made, before
each House of Parliament, while it is in session, for a total period of thirty days which may be comprised
in one session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the notification or regulation, or both Houses agree that the notification or regulation should not be
made, the notification or regulation shall thereafter have effect only in such modified form or be of no
effect, as the case may be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that notification or regulation.
(4) Every notification made by the State Government under sub-section
(1) of section 22 and every
regulation made by it under sub-section
(1) shall be laid, as soon as may be after it is made, before the
State Legislature.]
STATE AMENDMENT
Maharashtra
Amendment of section 29 of Act XVI of 1926. — In section 29, in sub-section
(2), in clause
(d), delete the word 'and' appearing at the end and insert thereafter the following clause, namely:-
"(dd) The manner in which the dispute may be referred to the Industrial Court under section 28-1A."
[Vide Maharashtra Act III of 1968, s. 4]
1. The words “Subject to the control of the G.G. in C.” omitted by the A.O. 1937.
2. Subs. ibid., for “L.G.”.
3. Ins. by Act 31 of 2001, s. 9 (w.e.f. 9-1-2002).
13
30. Publication of regulations.—
(1) The power to make regulations conferred by
section 29 is subject to the condition of the regulations being made after previous
publication.
(2) The date to be specified in accordance with clause ( 3) of section 23 of the General
Clauses Act, 1897 (10 of 1897), as that after whic
