Preliminary-Trade Unions Act

PRELIMINARY

1. Short title, extent and commencement :-(1) This Act may be called the 3[***] Trade Unions Act, 1926.
4[(2) It extends to the whole of India 5[***].
(3) It shall come into force on such date6 as the Central Government may, by notification in the Official Gazette, appoint.

2. Definitions.-In this Act 7["the appropriate Government" means, in relation to Trade Unions whose objects are not confined 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) "8[office-bearer]" in the case of a Trade Union, includes any member of the executive thereof, but does not include an auditor;
(c) "prescribed" means prescribed by regulations made under this Act;
(d) "registered office" means that office of a Trade Union which is registered under this Act as the head office thereof;
(e) "registered Trade Union" means a Trade Union registered under this Act;
9[(f) "Registrar" means-

1. For Statement of Objects and Reasons, see Gazette of India, 1925, Pt. V, p. 8, and for Report of
Select Committee, see Gazette of India, 1925, Pt. IV, p. 197.
2. The words "in the Provinces of India" omitted by Act 42 of 1960, sec.2.
3. The word "Indian" omitted by Act 38 of 1964, sec.3.
4. Subs. by the A.O. 1950, for the former sub-section (2).
5. The words "except in the State of Jammu and Kashmir" subs. for the words "except Part B States"
by Act 3 of 1951, sec.3 and Sch. and were omitted by Act 51 of 1970, sec. 2 and Sch.
6. Came into force on 1-6-1927, see Gazette of India, 1927, Pt. I, p.467.
7. Ins. by the A.O. 1937.
8. Subs. by Act 38 of 1964, sec.2, for "officer" (w.e.f. 1-4-1965).
9. Subs. by Act 42 of 1960, sec.3, for original clause (f)

(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 office, 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.

COMMENTS

(i) Only the persons engaged in trade or business can form trade unions; Rangaswami v. Registrar of Trade Unions, AIR 1962 Mad 231.

(ii) Primary purpose of a trade union is collective bargaining; Bank of India Employees'
Association V. Reserve Bank of India, (1983) 2 LLN 872 (Bom).